Mumbai: Observing that delivering a child in a prison atmosphere would impact both the mother and the baby, the Nagpur bench of the Bombay High Court has granted six months temporary bail to a pregnant woman who was arrested in a drugs case. The court noted that even a prisoner is entitled to dignity, and delivering a child in prison may have consequences.
Justice Urmila Joshi-Phalke, on November 27, directed release of Surabhi Soni on a temporary bail for six months. The HC was hearing a plea filed by Soni seeking bail on humanitarian grounds so that she can deliver her baby outside prison.
Soni was arrested in April 2024 under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. At the time of her arrest, Soni was two months pregnant.
The Gondia Railway Security Force had conducted a raid in a train and had recovered narcotic substances from five persons, including Soni. Prosecution claimed it seized 33 kilograms of ganja, a narcotic substance, from the accused, of which seven kilograms were found in Soni's luggage.
The prosecution, opposing her bail, claimed that commercial quantity contraband was seized from the accused. It added that due care would be taken in the prison for the delivery.
The judge said it is true that Soni can be treated at a government hospital while in custody for her delivery. "However, delivering a child during pregnancy in a jail atmosphere would certainly impact not only the applicant (Soni) but also the child, which cannot be lost sight of,” the HC added.
"Every person is entitled to the dignity which the situation demands, including a prisoner. Delivering a child in prison may have consequences on the mother as well as the baby and therefore, humane considerations are required," it said.
The judge emphasised that although there was prima facie material against the accused persons, it added that releasing Soni on bail would not cause any prejudice to the investigation which is already complete and chargesheet filed.
