Henna Bharat Shah v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.27 of 2026 Henna Bharat Shah ... Applicant/s

Versus

The Union of India and anr.

... Respondent/s ____________________________________________________________ Mr.Sherali S. Khan with Mr. Tabish Shaikh, Advocate for the Applicant. Ms. Manisha Jagtap, Special Counsel for Respondent No.1-NCB. Mr. B. B. Kulkarni, APP for Respondent No.2-State. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 20th JANUARY, 2026.

P.C. :

1.

By this application, the applicant is seeking temporary bail of three months on the ground of pregnancy in Crime No.NCB/MZU/CR17/2025 registered with Narcotics Control Bureau, Mumbai. 2.

It is contention of learned counsel for the applicant that the applicant is pregnant. Earlier she had delivered two children by cesarean. She requires delivery at super specialty hospital. Her medical condition is not good. Hence requested to allow the application. 3.

Learned SPP strongly objected to allow the application on the Digitally signed by SHUBHADA SHANKAR KADAM Date:

2026.01.22 12:26:17 +0530 ground that the Government hospital has facility to provide the medical SHUBHADA SHANKAR KADAM facility to the applicant. Learned counsel further submitted that the

applicant was absconding. The police had to run from pillar to post to arrest her and requested to reject the application. 4.

I have heard both the learned counsel. This Court had called the report from Chief Medical Officer, Yerwada Central Prison, Pune, and Superintendent, Sassoon Hospital, Pune, about the medical condition of the applicant. In the report of Superintendent, Yerwada Prison, it is mentioned that "at present the prisoner has a high risk pregnancy of 5th gestation with 2 live children with 2 abortions and previous 2 caesarean sections with hypothyroidism." In the report of Sassoon Hospital, Pune, it is mentioned that all facilities are available in Sassoon Hospital, Pune. Considering the medical report of the Chief Medial Officer, it appears that applicant needs treatment at super specialty hospital and I pass following order.

ORDER

(i) The applicant is released on temporary bail for the period of two months in Crime No.NCB/MZU/CR-17/2025 registered with Narcotics Control Bureau, Mumbai, on depositing Rs.1,00,000/- before this Court.

(ii) The applicant shall furnish her mobile number to the Investigating Officer and she shall not leave Mumbai without the permission of this Court during the treatment period.

(iii) The applicant shall surrender before the jail authorities after two months.

The application is allowed in the aforesaid terms and is accordingly disposed of.

5.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)