The Punjab & Haryana High Court has given temporary bail to an eight-month pregnant woman accused of murder for three months, observing that being detained while pregnant may lead to heightened stress levels, which can negatively impact both the mother and the unborn child.
Justice Harkesh Manuja said, "Detention facilities might not be equipped to provide the necessary medical care and attention that pregnant women require, and thus, the grant of interim bail allows them to access proper medical facilities and prenatal care, which is crucial for their well-being and the well-being of their unborn child.’’
In a plea for interim bail filed by a woman accused in a murder case dating back to July 2023, these considerations were brought forth. The petition, filed under Section 439 of the Criminal Procedure Code (Cr.P.C.), requested six months of interim bail for medical reasons.
After reviewing the medical report provided by the Jail Superintendent, the Court took note that the petitioner was pregnant, with her expected delivery date set for March 13, 2024. The Court emphasized that granting interim bail to pregnant women is essential for their humane treatment, considering their unique circumstances. Pregnancy carries potential health risks and complications, warranting special consideration and care.
Consequently, the Court granted interim bail for three months stating that, "The petitioner shall surrender herself before the Jail Authorities on expiry of period of three months."
Appearance: Divyam Singh Dhakla, Advocate for the petitioner
Gurmeet Singh, AAG Haryana.
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