Bombay High Court.
The Nagpur bench of the Bombay High Court has granted six-month bail to a pregnant woman. The woman was arrested in a drug case. The court stated that a child born in a prison environment affects not only the health and dignity of the mother but also the child. Judge Urmila Joshi-Phalke made the order during a hearing on November 27. Beyond that, he said prisoners also had the right to be respected and that children born in prison could have many serious repercussions.
Surbhi Soni was arrested in April 2024 in the Narcotic Drugs and Psychotropic Substances (NDPS) case. Maharashtra’s Gondia Railway Protection Force seized drugs from five persons, including Soni, during a train raid. In this regard, the prosecution claimed that 33 kilograms of marijuana were recovered from the defendants, of which 7 kilograms were found in Sony’s luggage. However, she was two months pregnant when she was arrested.
You can give birth in a prison hospital
Soni applied to the High Court for bail on humanitarian grounds so that she could have the baby outside prison. However, prosecutors objected to this and said a commercial quantity of cannabis was found on the defendant’s possession and arrangements would be made for its transport to prison. Nonetheless, the court acknowledged that delivery in a government hospital in a prison was possible but also important from a humanitarian perspective.
What impact will it have on the investigation?
“Giving birth during pregnancy in prison affects not only the mother but also the child,” the court said. “Everyone has the right to dignity, including prisoners.” The court also said that there is prima facie evidence against the accused in the case but granting bail to Soni will not affect the investigation as the investigation has been completed and the chargesheet has been filed.
