Woman was granted regular bail on the basis that she is the mother of an infant who relies on her breast milk, is upheld by the High Court of Himachal Pradesh through the learned Judge JUSTICE E.S. INDIRESH, in the case of Nasrin v. State of Himachal Pradesh, (2021 SCC OnLine HP 657).
Brief facts of the case:
The victim went to school and never came back. Her father called the school and learned that the day was cancelled for inclement weather. He proceeded to the police station to file a report under Section 363 of the Indian Penal Code (IPC) and an enquiry was launched. Investigation revealed that she was using her phone in a variety of different places, mostly to contact the same two people. The victim’s phone was last seen in Panipat before being turned off. Accused principal Nazim is being prosecuted under Indian Penal Code sections 366A, 370(4), 506, and 120B; the petitioner is Nazim’s sister. Petitioner was taken into custody after the victim was rescued from his or her custody and a statement was taken from the victim. The Petitioner has applied for ordinary bail in accordance with Section 439 of the Criminal Procedure Code.
The Court noted that Section 437 CrPC applies when the accused is brought before the Magistrate, while Section 439 CrPC gives the High Court and/or Court of Sessions exclusive jurisdiction over bail. However, it is well-settled that the provisions of Sections 437 and 438 CrPC may be considered when deciding whether or not to grant bail under Section 439 CrPC. According to Section 437 of the Criminal Procedure Code, a court other than the High Court or the Court of Sessions is prohibited from releasing an individual who has been arrested or detained without a warrant, who appears or is produced before such court, and for whom there appears reasonable ground for believing that he is guilty of an offence punishable by death or life in prison. However, if the defendant is a minor, a woman, or very ill or injured, the court may grant bail and release the defendant until trial; however, no defendant must be granted bail without first affording the Public Prosecutor a fair hearing. Thus, Petitioner is entitled to be extended on bond at this time in light of all the evidence presented to the court concerning her involvement and the fact that she is the mother of a nursing newborn.
JUDGEMENT REVIEWED BY – HARILAKSHMI