Post-childbirth phase needs husband’s presence: HC grants interim bail in NDPS case
Granting interim bail till February 23, Justice Vashisth directed that the petitioner be released on furnishing bail and surety bonds to the satisfaction of the trial court
Asserting that the period immediately following childbirth calls for the presence and support of the husband, the Punjab and Haryana High Court has granted interim bail to an accused in a drugs case under the NDPS Act. Among other things, Justice Sanjay Vashisth held that the wife and the newborn child required special care and attention at such a crucial stage.
“There is no dispute that the petitioner’s wife was earlier in a family way and now on January 5 has been blessed with a female child. At such stage, wife of the petitioner would require company of her best companion i.e. her husband. Undoubtedly, wife of the petitioner and the newborn child require the utmost attention to look after their health etc,” Justice Vashisth observed.
The accused was seeking two-month interim bail in an FIR registered at a police station in Jalandhar under the provisions of the NDPS Act, in which the police claimed recovery of 1,12,000 tramadol hydrochloride tablets.
Opposing the petition, the State counsel claimed that the wife was being looked after by the family and that there was a risk of the petitioner absconding if released. A status report filed in the matter described the offence as serious, while pointing to the magnitude of the alleged recovery.
“The petitioner has committed a serious offence and is not entitled for the concession of bail. A heavy recovery of banned narcotic pills was effected from his possession,” it added.
Justice Vashisth, however, noted that there was no dispute regarding the childbirth and emphasised that the immediate post-delivery phase required the husband’s presence. Clarifying the limited scope of the relief, the court stated: “Without going into the merit of the case or the factual allegations, the petition is allowed and petitioner is directed to be released on bail for a period of six weeks.”
Granting interim bail till February 23, Justice Vashisth directed that the petitioner be released on furnishing bail and surety bonds to the satisfaction of the trial court. The judge also imposed a financial safeguard, ordering that the concession would be available only after depositing “the bank guarantee in the shape of FDR from a nationalised bank to the tune of Rs 5,00,000 with the court below”.
Making compliance mandatory, Justice Vashisth further directed: “Needless to mention here that the petitioner shall surrender back before the jail authorities on February 23 at or before 5 pm.” The matter was ordered to be listed again on February 25 to verify compliance with the court’s directions.
The decision is significant as it places emphasis on post-childbirth realities rather than solely on the gravity of the allegations, while making it clear that the relief granted is purely temporary and humanitarian in nature.
