The Bombay High Court recently granted anticipatory bail to a pregnant woman booked for abetting her husband's suicide. .Single-judge Justice Milind Jadhav noted that the woman was into the 25th week of her pregnancy and should, therefore, not be put under stress. The Court was hearing an anticipatory bail application filed by the woman who was apprehending arrest in connection with a criminal complaint lodged against her in Pune on April 16.As per the facts of the case, the deceased Rahul and the applicant were married for 8 months before the Rahul's body was found near railway tracks in Pune. It was claimed that he had written a suicide note alleging that his wife betrayed him and she should be punished for his death.The judge noted from the first information report (FIR) that the husband was unhappy with the wife for continuously being busy on her phone with some person."That said person is yet to be identified. It could be either some person from her family, her parents, her siblings or any third person. It is to be understood that at that time the applicant was already 3.5 months pregnant. There are phone numbers given in the alleged dying declaration (written note) which requires investigation by the prosecution," the bench noted..Justice Jadhav in his order passed on May 30, further said that the offence registered against the applicant was a serious one which could attract punishment for 10 years rigorous imprisonment provided she is convicted."However, looking at the fact that the applicant is 25 weeks pregnant and carrying a fetus, it is equally the duty of the Court to ensure that she and the fetus are also protected at this stage and she is not kept under duress or stress," the judge said.The Court further said that at this stage, given her medical condition, she might have to visit hospital regularly and will require proper care and rest. "Her presence can always be secured by the prosecution and the Investigating Officer, and if the need so arises the Investigating Officer can also visit her considering her medical condition," the judge said while granting her pre-arrest bail..Advocates Vivek Rane and Vijay Latange appeared for the applicant while the State was represented by additional public prosecutor M R Tidke.
The Bombay High Court recently granted anticipatory bail to a pregnant woman booked for abetting her husband's suicide. .Single-judge Justice Milind Jadhav noted that the woman was into the 25th week of her pregnancy and should, therefore, not be put under stress. The Court was hearing an anticipatory bail application filed by the woman who was apprehending arrest in connection with a criminal complaint lodged against her in Pune on April 16.As per the facts of the case, the deceased Rahul and the applicant were married for 8 months before the Rahul's body was found near railway tracks in Pune. It was claimed that he had written a suicide note alleging that his wife betrayed him and she should be punished for his death.The judge noted from the first information report (FIR) that the husband was unhappy with the wife for continuously being busy on her phone with some person."That said person is yet to be identified. It could be either some person from her family, her parents, her siblings or any third person. It is to be understood that at that time the applicant was already 3.5 months pregnant. There are phone numbers given in the alleged dying declaration (written note) which requires investigation by the prosecution," the bench noted..Justice Jadhav in his order passed on May 30, further said that the offence registered against the applicant was a serious one which could attract punishment for 10 years rigorous imprisonment provided she is convicted."However, looking at the fact that the applicant is 25 weeks pregnant and carrying a fetus, it is equally the duty of the Court to ensure that she and the fetus are also protected at this stage and she is not kept under duress or stress," the judge said.The Court further said that at this stage, given her medical condition, she might have to visit hospital regularly and will require proper care and rest. "Her presence can always be secured by the prosecution and the Investigating Officer, and if the need so arises the Investigating Officer can also visit her considering her medical condition," the judge said while granting her pre-arrest bail..Advocates Vivek Rane and Vijay Latange appeared for the applicant while the State was represented by additional public prosecutor M R Tidke.
