Background of the Case 

In the Matter at hand X v. State of Maharashtra a request for authorization to visit the hospital for her in vitro fertilisation (IVF) pregnancy by the petitioner who is accused. The petitioner, who lived close to the Central Jail, was charged with a severe felony under Section 302 of the Penal Code, 1860. She submitted a request for authorization to use IVF or a test tube for pregnancy. If the requested permission was granted, the prosecution alleged, the accused would want permission to visit the hospital and would need to be escorted. She will also submit a bail request based on the same justification, which will complicate the case and burden the prosecution.

Analysis of Court Verdict 

Justice Priya P. Bankar of the Bombay Session Court’s Single Judge bench denied the plea, agreeing with the prosecution that it would not be maintainable and have an adverse effect on the trial. The petitioner was in jail, and the court took note of the serious accusations against him. The situation was rushed, and instructions were made for its resolution within October. The court agreed with the prosecution’s argument and decided that the accused’s request for relief cannot be granted while he or she is being detained and held in custody. As a result, the Court denied the motion, explaining that the potential for trial difficulty could not be disregarded.

CASE NAME – X v. State of Maharashtra, SC No. 604 of 2017