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TMI Blog2020 (10) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... mplainant. The Respondent was granted bail by the Additional District and Sessions Judge, Lucknow vide order dated 25.04.2017, which bail was cancelled before the Respondent could be released from the jail by the High Court vide its order dated 26.05.2017 on an application filed by the State of U.P. 3.3 Another Bail Application No. 10101 of 2017 filed by the Respondent was again rejected by the High Court by order dated 14.12.2017. 3.4 The Respondent was admitted for treatment in King George Medical University, Lucknow (hereinafter referred to as "K.G.M.U.") on 03.05.2019. The Respondent moved a Bail Application No. 5743 of 2019 before the High Court. An application C.M. Case No. 99240 of 2019 was filed by the Respondent on 19.08.2019 seeking interim bail on medical grounds for a period of six months. The Respondent remained admitted in K.G.M.U. from 03.05.2019 to 17.01.2020 when he was discharged. The High Court passed an order on 05.03.2020 while hearing the bail application as well as short term bail application providing that applicant be sent to the Department of Urology of K.G.M.U., Lucknow, where he should be examined/admitted as per opinion of doctor concerned. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost of the period in last one year, in the hospital alone. He submits that under one of the conditions of interim bail [paragraph 27 (ii)], the Respondent shall ordinarily reside at a place of residence, which indicates that the Respondent is to ordinarily reside at his residence and not for any medical emergency. Shri Raju has also referred to Clinical Summary dated 09.09.2020 of Department of Urology, K.G. Medical University, Lucknow, which has been brought on record by the Respondent himself as well as letter dated 05.10.2020 of the Department of Urology, K.G. Medical University, which indicate that the Respondent has been advised to take tablets and it is also mentioned that he can take treatment from any super-speciality hospital in the country. By subsequent letter dated 05.10.2020, he has been asked to go to S.G.P.G.I.M.S., Lucknow, Neurology Department for NCV testing. Shri Raju submits that the State is providing full medical facilities and treatment to the Respondent and the High Court has erred in granting interim bail on medical ground without adverting to the medical reports submitted by the K.G.M.U. and S.G.P.G.I.M.S. 6. Dr. Rajeev Dhawan, learned Senior Counsel appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt dated 10.06.2020 has been brought on record, the medical board report dated 10.06.2020 states: To, Chief Medical Officer, Lucknow, Uttar Pradesh. Respected Sir, With reference to letter number /2019/6072-5 dated 08/08/2020 and instructions from Director, Dr. RML Institute of Medical Sciences, Lucknow, UP, we were nominated as members of medical board under the chairmanship of C.M.O. Lucknow. After closely going through the medical records of Mr. Gayatri Prajapati aged 54 years, male from district jail hospital, Lucknow and King George's Medical University, Lucknow the following observations were made: 1. The patient is suffering from type-2 diabetes mellitus, benign prostate enlargement, renal dysfunction, low back pain related to seronegative spondylorthropathy. 2. There is no major disparity in the treatment of the patient from both the hospitals and considering the current reports, patient can continue treatment at jail hospital but in view of renal dysfunction and seronagative spondylorthropathy, consultation from nephrologist and orthopedician is advisable. 3. Patient needs control of blood sugar under supervision of endocrinologist. 11. Before the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiary care super speciality hospital; and (d) Threat to the applicant's health in the prevailing times of COVID-19 pandemic is real and imminent. 14. The medical condition of the Respondent, the treatment given and various reports including the report of medical board were on the record. The S.G.P.G.I.M.S. is a super-speciality hospital where the Respondent has been referred for specified purposes and report of S.G.P.G.I.M.S. has also been brought on the record as Annexure P-10 alongwith the letter dated 10.06.2020 addressed to Chief Medical Superintendant, S.G.P.G.I.M.S., Lucknow. The medical report of the Respondent dated 10.06.2020 in final evaluation states: Final Evaluation Glycemia: better controlled Hypertension: well controlled Pulmonary consult: Completed, advised as per notes above Urology work-up on-going. 15. The above report of the S.G.P.G.I.M.S., i.e., the super-speciality hospital, which was on the record as well as report of the medical board dated 10.06.2020, which was brought in the notice of the High Court have neither been considered nor referred to by the High Court in the impugned order. When the Respondent was being given treatment in the su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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