A sessions court in Mumbai has refused permission to a pregnant undertrial woman prisoner to undergo IVF treatment.
The court stated that granting permission may lead to the accused seeking further reliefs, including visits to doctors, which could cause inconvenience to the ongoing trial.
The 32-year-old woman has been incarcerated for the past six years on charges that include murder, specifically the fatal assault on prisoner Manjula Shetye in Byculla jail on June 23, 2017.
The woman had filed an application in January, seeking permission to undergo in vitro fertilization (IVF) treatment due to concerns about her increasing age and the uncertainty of when the trial will conclude.
However, the prosecution opposed the plea, arguing that granting permission would set a precedent and potentially result in the accused seeking additional permissions for hospital visits. They highlighted that the Bombay High Court has expedited the trial, directing it to be completed by October.
The court, in its order passed on June 17, concluded that the plea was not sustainable while the accused was in custody. It acknowledged the prosecution's concerns about the potential burden on the trial if such permission were granted and the subsequent likelihood of other applications for various reliefs.
With seven witnesses already examined and 182 witnesses cited in the chargesheet, the trial has made progress. The accused, a former prison guard, along with five others, was arrested in July 2017 for allegedly assaulting Manjula Shetye following a dispute over the distribution of eggs and bread.
In addition to rejecting the IVF plea, the prosecution pointed out that the accused's previous bail applications were also denied. They raised concerns that the accused might seek bail based on her pregnancy and potentially intimidate witnesses if released.
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