Justice Urmila Joshi-Phalke, in the order dated November 27, emphasized that even prisoners are entitled to dignity, and childbirth in prison could have significant consequences.
Mumbai: The Nagpur bench of the Bombay High Court granted six months of temporary bail to a pregnant woman arrested in a drugs case, citing the impact of delivering a child in prison on both the mother and the baby.
Justice Urmila Joshi-Phalke, in the order dated November 27, emphasized that even prisoners are entitled to dignity, and childbirth in prison could have significant consequences.
Surbhi Soni was arrested in April 2024 under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The arrest followed a raid by the Gondia Railway Security Force on a train, during which narcotics were seized from five individuals, including Soni. According to the prosecution, a total of 33 kilograms of ganja was recovered, with seven kilograms found in Soni’s luggage.
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At the time of her arrest, Soni was two months pregnant and later sought bail from the high court on humanitarian grounds to deliver her baby outside of prison. The prosecution opposed her plea, citing the seizure of commercial quantities of contraband and asserting that adequate care would be provided in prison for her delivery.
The high court acknowledged that Soni could receive treatment at a government hospital while in custody. However, it emphasized that giving birth in a prison environment could adversely affect both the mother and the child.
While the court recognized that there was prima facie evidence against Soni and the other accused, it concluded that releasing her on bail would not prejudice the investigation, which had already been completed with a chargesheet filed.
The prosecution opposed her plea, arguing that the contraband quantity was substantial and that prison facilities could ensure safe childbirth. However, the court acknowledged that while Soni could receive medical treatment in custody, the prison environment could negatively affect both her and the child.
The bench noted, “Every person, including a prisoner, is entitled to dignity. Delivering a child in prison can impact both the mother and baby, necessitating humane considerations.”
It concluded that releasing Soni on bail would not harm the investigation, as it had already been completed and the chargesheet filed.
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