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2022 (9) TMI 1521 - HC - Indian LawsGrant of extension of interim bail to the respondent for a period of six weeks - interim bail sought on medical grounds - HELD THAT:- A bare perusal of the medical report reveals that the medical ailments suffered by the respondent duly stand noticed by the Medical Board. After noticing the details of the ailments suffered by the respondent, it has been categorically observed: “examination of the patient revealed stable vital parameters (BP-140/80 mmHg: Pulse rate 78/min: SpO 2-96% in room air) and physical examination of cardiovascular and respiratory systems were unremarkable. The Board members are of the opinion that at the given moment, patient’s vitals are stable and he is doing well with the current treatment being given to him.” As on 22.08.2022, it could not have been said that the treatment of the respondent was not feasible in any Government Hospital, in custody. Neither the condition of the respondent required immediate hospitalization. As such, the observations made by the learned Trial Court in the impugned order do not appear to be in the correct perspective - However, since it has now been informed by the learned senior counsel for the respondent that the respondent has again been hospitalized on 26.09.2022, it may not be appropriate to deprive the respondent of the benefit of interim bail till 30.09.2022 which has been granted by the learned Trial Court. The respondent is directed to surrender before the Superintendent Jail on the date of expiry of interim bail granted by the learned Trial Court. However, in case it is assessed that the respondent cannot be discharged due to his admission in the hospital on account of any aggravated medical condition or if the circumstances so require, the respondent shall continue to be admitted in the hospital in judicial custody till the time his condition improves. The same shall be further subject to evaluation of the medical condition of the respondent by the same Medical Board from Dr.RML Hospital within a period of one week from 30.09.2022 - List on 07.10.2022.
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