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2011 (7) TMI 1392 - HC - Indian LawsApplication for interim bail - withdrawn application for regular bail - Whether the petitioner, on the basis of medical record produced by him, has been able to make out a case for his release on interim bail? - HUTT procedure - petitioner was sent to judicial custody on dismissal of his bail application by the Trial Court - During his stay in jail, the petitioner complained of medical problems - He was accordingly sent to G.B. Pant Hospital for medical examination and treatment - HELD THAT- The medical record placed on record by the petitioner starts from the year 1991. From the aforesaid record, it transpires that the petitioner underwent by-pass surgery around the year 2007. Thereafter, for a continuous period of 4 years, there is no medical record, which prima facie indicates that during the period from 2007 to 2011, the petitioner did not suffer any medical complication. On perusal of the report from the Board of Doctors of G.B. Pant Hospital, the medical condition of the petitioner appears to be stable and he has been advised to continue treatment and precautions as recommended to him at the time of discharge from G.B. Pant Hospital on 24th June, 2011. The report does not suggest that his medical condition cannot be managed in jail hospital. As per current medical status report of the petitioner submitted by the Board of Doctors constituted by the Medical Superintendent, G.B. Pant Hospital. It is recorded in that report that when Head-up- Tilt Test(HUTT) was being conducted, the petitioner became unconscious with unrecordable blood pressure and slowing of pulse to 47 beats/minutes, suggesting neurocardiogenic Syncope as the cause, predominantly vasodepressor type. Ld counsel has urged that such a situation can re-occur in jail and this may even prove fatal. I am not convinced with the aforesaid submissions. HUTT procedure is an invasive procedure. Therefore, a possibility cannot be ruled out that the complication in the medical condition of the petitioner during HUTT test occurred only because of the invasive nature of the procedure. On careful consideration of the previous medical reports of the petitioner and the medical reports received from the Board of Doctors of G.B. Pant Hospital, it is apparent that since his detention in jail, the condition of the petitioner is stable and it is being properly managed by medication. Thus, I do not find it a fit case for grant of interim bail on medical grounds, particularly when the release of the petitioner for a period of 4-6 weeks would not change his medical history or situation. Application is, accordingly, dismissed.
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