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HC Grants Bail To New Mother Month After Trial Courts Denial

by M Ahmad
September 6, 2023
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HC Grants Bail To New Mother Month After Trial Courts Denial
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Srinagar- The High Court of J&K and Ladakh has granted bail to a woman who delivered a baby last month but was sent back to prison in Baramulla after a trial court rejected her plea for extension of bail.

Allowing an appeal filed by the woman, who was earlier granted interim bail on medical grounds by the trial Court, on account of her advanced stage of pregnancy of seven months, a bench of Justices Atul Sreedharan and Mohan Lal granted two months bail for the wellbeing of the infant.  

The woman had delivered a girl baby on August 2 and moved an application for extension of her bail, which was declined by the trial Court and she was sent back to District Jail, Baramulla.

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“The infant is just about a month old and with the onset of winter, she would be exposed to harsh conditions of low temperature in the prison,” the court said, adding, “Therefore, in consideration of the infant, we allow the instant appeal and grant interim bail to the appellant….for a period of two months from the date of her release.”

The court however imposed certain conditions and among others ordered that she shall submit two sureties of Rs.1 lac each before the trial Court, where one of the sureties shall be a serving Government employee and that she shall appear before the Station House Officer, Police Station Sumbal once every week and register her presence.

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She has been also asked not leave the territorial jurisdiction of the Jammu and Kashmir without seeking prior permission of the trial Court and that she shall present herself before the trial Court on each and every date of hearing, unless exempted by the Court. She has also been asked to surrender before the trial Court on November 6 so as to be sent back to prison. 

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