4 days ago
Bombay High Court Grants Bail for Infant’s Medical Care
The Bombay High Court temporarily released a woman from prison for eight months.
She is accused of carrying about six kilograms of cocaine.
She was pregnant when she was arrested.
She later received temporary bail to give birth to her daughter.
The baby was born early and needed intensive hospital care.
The child continued to have breathing problems and needed medicines and frequent nebulisation.
The court said the baby would be better cared for at home and in hospitals than in prison.
The woman must report to a police station once every month while she is on bail.
The Bombay High Court granted a woman eight months of interim bail on humanitarian grounds.
The woman was arrested by the Directorate of Revenue Intelligence in a case alleging possession of about six kilograms of cocaine.
She was pregnant when arrested and later received three months of interim bail for childbirth.
Her daughter was born prematurely on January 9, 2026, and suffered respiratory distress, bronchopneumonia and a lower respiratory tract infection.
The court said the infant needed home-based care and repeated medical attention, while requiring the woman to report to police monthly.
- Who
- The Bombay High Court granted bail to a woman accused in a cocaine case so she could care for her sick infant daughter.
- What
- The court granted eight months of interim bail on humanitarian grounds.
- Where
- The case was heard by the Bombay High Court in Mumbai, and the woman and child had been housed in prison.
- When
- The order was passed on Monday and reported on September 30, 2026; the child was born on January 9, 2026.
- Why
- The infant had continuing respiratory illness and required frequent medical treatment and care.
Humanitarian Medical Considerations
Prosecution and Drug-Law Concerns
Reason for interim bail
Humanitarian Medical Considerations
The court said the infant needed the mother’s acute care and would be better protected through home and hospital care than in prison.
Prosecution and Drug-Law Concerns
The Directorate of Revenue Intelligence argued that the mother and child could be taken to JJ Hospital for medical follow-ups.
Strength of the drug case
Humanitarian Medical Considerations
The court said the woman’s circumstances warranted humanitarian consideration, noting that she reportedly had no previous criminal antecedents and was implicated through statements from witnesses and co-accused.
Prosecution and Drug-Law Concerns
The court acknowledged that a substantial case had been made out and that the prosecution’s merits would be considered separately under the restrictions of the Narcotic Drugs and Psychotropic Substances Act.
Key facts
- Bail period
- Eight months of interim bail
- Arresting agency
- Directorate of Revenue Intelligence
- Alleged contraband
- About six kilograms of cocaine
- Applicable law
- Narcotic Drugs and Psychotropic Substances Act
- Infant’s medical history
- Premature birth, respiratory distress, bronchopneumonia and a lower respiratory tract infection
- Recent hospitalization
- The infant was hospitalized in July for breathlessness, fever and acute respiratory symptoms
- Bail condition
- The woman must appear at the concerned police station once a month
Quotes
Justice Milind Jadhav
Single-judge Bombay High Court bench hearing the bail application
“Though this Court is not an expert in medicine, prima facie reading of the report clearly shows that the infant child... has a documented neo-natal history of respiratory distress and bronchopneumonia which requires prolonged NICU treatment.”
freepressjournal.in
“The medical reports which are prima facie placed before me, clearly bear out the status of the infant girl child which by any human consideration needs to be protected rather than provided with proper medical care”
theprint.in
Sources
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