The Bombay High Court recently granted bail to a pregnant woman charged in an NDPS case, noting that giving birth in jail would have detrimental effects on both the mother and the child.

“However, delivering child during pregnancy in jail atmosphere would certainly impact not only the applicant but also on child, which cannot be lost sight of. Every person is entitled to dignity which situation demands, including prisoner,” the order reads.

A single-judge bench of the Bombay High Court at Nagpur, led by Justice Urmila Joshi Phalke, was hearing the bail application of a pregnant woman charged in an NDPS case after a seizure of Ganja from her.

The public prosecutor opposed the bail, arguing that a commercial quantity of Ganja was found in possession of the applicant and other co-accused, including her husband, during the investigation.

In response, the woman contended that only 7.061 kilograms of Ganja were seized, which does not qualify as a commercial quantity. She further emphasized that her bail application was primarily based on her advanced stage of pregnancy, requesting temporary bail for a limited period. She highlighted symptoms suggesting potential complications during delivery and pleaded for release on humanitarian grounds.

However, the bench granted bail to the woman while noting that, “Yet, in the light of guidelines issued by the Hon’ble Apex Court, few factors are to be taken into consideration that release of the applicant does not pose a high security risk and would not cause any prejudice to the investigation, though there is a rigour under section 37 of the NDPS Act. However, considering circumstances, the application to release the applicant on temporary bail deserves to be considered on humanitarian ground,” the order states.