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A SESSIONS court refused permission to a pregnant undertrial woman prisoner to undergo IVF treatment stating that if allowed, she may seek other reliefs including visits to doctors causing inconvenience to the ongoing trial.
The 32-year-old woman has been behind bars for the past six years on charges including murder, for the fatal assault on prisoner Manjula Shetye in Byculla jail on June 23, 2017.
The woman sought permission to undergo IVF (in vitro fertilisation) treatment for pregnancy in her application filed in January.
She had submitted that the trial may not conclude soon and is apprehensive that with the passage of time, she may not be able to conceive due to her increasing age.
The prosecution opposed the plea stating that if allowed, the accused will seek more permissions for hospital visits.
It was also submitted that the Bombay High Court has expedited the matter, directing it to be completed by October.
If permission is granted, the trial will be affected, the prosecutor submitted.
“As it appears that as per directions of the Honourable High Court, the trial is likely to be completed in the near future. There is substance in the contentions of the prosecution that if such type of permission will be granted, then there will be other applications also about the visit to doctor and for escorts and other reliefs. It will definitely burden the prosecution,” additional sessions judge P P Bankar said in the order passed on June 17.
The court said that her plea was not sustainable while she was arrested and in jail.
“The apprehension of the prosecution is that it will cause inconvenience for the trial cannot be ignored,” the court said.
So far, seven witnesses have been examined with 182 witnesses cited in the chargesheet.
The accused, a former prison guard at Byculla jail, along with five others, were arrested in July 2017 for allegedly assaulting Shetye, triggered by an incident over distribution of eggs and bread.
Shetye was sentenced to life imprisonment for the murder of her sister-in-law and was serving her term at Byculla jail when she was allegedly assaulted.
While opposing the accused’s plea for IVF treatment, the prosecution also submitted that her previous bail applications were rejected.
It was submitted that the accused may even seek bail on grounds of her pregnancy and may coerce witnesses once she is released.
All the accused arrested in the case are behind bars with their bail pleas rejected by courts.
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