Immediately release from jail woman with ailing child: HC

MUMBAI: Bombay HC has directed the immediate release of a woman along with her one-year-old child from Byculla Women's Prison, considering the serious medical condition of the toddler who has been with her since her arrest in Aug 2024, reports Rosy Sequeira.
"Keeping in mind the peculiar facts of this case, that is, that the offence with which the petitioner is charged is bailable and the medical condition of the petitioner's daughter, which is serious, we, in writ jurisdiction under Article 226, allow the petition," said Justices Revati Mohite Dere and Neela Gokhale on Thursday.
The mother moved HC seeking her release on bail considering the child's health issues. She was booked by Trombay police along with other accused under the BNS sections 103 (1) (murder) and 238 (causing disappearance of evidence). Following HC's direction to the jail superintendent, on Feb 10, additional public prosecutor Vithal Konde Deshmukh submitted the child's medical case papers to the court.
The judges perused the medical papers and noted that the "1.2-year-old child" was admitted to J J Hospital considering her medical condition - lower respiratory tract infection (LRTI). Since she was also suffering from anaemia along with an upper respiratory tract infection (URTI), the doctors were constrained to give her a blood transfusion. They also noted that the serum glutamic-oxaloacetic transaminase (SGOT), an enzyme that measures liver health, is 48 (normal range is between 8-40). She was also required to be given nasal O2 (oxygen) and nebulization. She was also put on antibiotics for her medical condition.
"It appears that the petitioner has no role in the alleged offence punishable under Section 103 (1) of the BNS," the judges noted. Also, that Section 238 is bailable and "as such the petitioner ought to have been granted bail forthwith".