The Bombay High Court has granted bail to Dipika Parmar, who was convicted of throwing her newborn daughter from the window of a bathroom at KEM Hospital in 2010, observing that her appeal was not likely to be heard immediately.
A division bench of Justices Revati Mohite-Dere and Gauri Godse, on July 10, suspended Parmar’s life sentence and granted her bail on furnishing a personal bond of ₹10,000.
Parmar sought bail as hearing in appeal was pending
Parmar had filed an appeal challenging her conviction by the sessions court on April 20, 2022, and had sought bail as the hearing in her appeal was pending.
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On October 26, 2010, Parmar, who was admitted in KEM Hospital had given birth to twins, a boy and a girl. The prosecution alleged that she threw the girl child from the bathroom window.
Parmar’s advocate, PV Vare, argued that the prosecution has based its case on circumstantial evidence.
Vare said that the prosecution claimed there was CCTV footage allegedly showing Parmar entering the bathroom with the newborn but coming out alone. However, the prosecution neither produced this footage nor a certificate under Section 65B of the Indian Evidence Act to prove the said footage, he argued.
The advocate pointed out that, on the contrary, Parmar had raised a hue and cry that her child had been stolen.
Soon thereafter, the baby was found behind the hospital building, lying on a pillow-like cloth, surrounded by mud and water. One ear of the child was missing and it was the prosecution’s case that rats might have eaten the ear, Vare said.
Parmar convicted on basis of extrajudicial confession
The bench noted that Parmar was convicted on the basis of extrajudicial confession and the Section 65B certificate was not produced.
“Prima facie, an extrajudicial confession is the only circumstance against the applicant. Admittedly, the prosecution has not placed on record the Section 65B certificate nor has the CCTV footage been proved by the prosecution,” the bench averred.
“It is also not in dispute that while on bail (before her conviction) the applicant (Parmar) has not abused or misused the liberty granted to her,” the court said.
“The applicant’s appeal is admitted on 12 January 2023 and the same is not likely to be heard immediately,” the judges said while suspending her sentence and granting her bail.
