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2011 (7) TMI 1392

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..... l, 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 .....

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..... l condition. 5. Learned counsel for the petitioner has taken me through the medical history of the petitioner since 1991 till 2007. He has also referred to photocopies of the Discharge Summary of the petitioner from Lilavati Hospital Research Centre, Mumbai dated 16th May, 2011, a Review Article on Coronary Artery Ectasia: From Diagnosis to Treatment by Sophie Mavrogeni and an article titled Coronary artery ectasias: imaging, functional assessment and clinical implications published in Oxford Journal's Medicine European Heart Journal, Volume 27, Issue 9, Pages 1026 to 1031. On the basis of aforesaid record, learned counsel for the petitioner has submitted that the petitioner has a long history of coronary artery ectasias. He is also suffering from Pituitary Adenoma and Neurocardiogenic Syncope besides other ailments. It is submitted that in view of the aforesaid medical condition, the petitioner has been advised a regulated life and to avoid stress. Learned counsel submitted that detention in jail pending trial is a cause of great stress for the petitioner and it can aggravate his medical condition. It is argued that medical facilities in jail are not adequate to deal .....

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..... urgical management. Both the Cardiology Department and the Department of Neurosurgery had advised Karim Morani to continue with his treatment and follow up his treatment as an out-patient. It is further submitted that the petitioner was medically examined by the Board of Doctors at G.B.Pant Hospital on 24th June, 2011 wherein the Board of Doctors reported about his medical history and concluded that the patient has been discharged after counselling him about his condition with advice for further follow up in the Cardiology and Neurology Departments. Learned Prosecutor has also drawn my attention to the latest medical report dated 11.07.2011 of the petitioner received from the Medical Board of G.B.Pant Hospital wherein also, it is noted that Karim Morani has been advised to continue treatment and precaution as previously recommended to him at the time of his discharge on 24th June, 2011 along with the Tablet Alprax-0.25 m.g. twice a day. The Board has opined that the patient has CAD, P/O CABG, normal left ventricular function with pituitary micro-adenoma, likely neurocardiogenic Syncope along with anxiety. Learned Prosecutor has thus concluded that the petitioner is maintaining norm .....

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..... herapy. Besides that, the petitioner has also placed on record a certificate dated 20 th June, 2011, purported to have been issued by Dr. Jolly Bansal which is based upon the medical record provided to him and not on the basis of physical examination of the patient. This certificate does not even indicate as to what medical record was shown to him. Therefore, much reliance cannot be placed upon it. 9. The 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 Deen Dayal Upadhyaya Hospital and G.B.Pant Hospital for medical examination and treatment. As per the report of Board of Doctors of G.B. Pant Hospital namely Dr. Vijay Trehan, Professor HOD Cardiology, Department of Cardiology, Dr. Sanjeev Kathuria, Assistant Professor, Department of Cardiology and Dr. Vivek Chaturvedi, Assistant Professor, Department of Cardiology, the petitioner was managed in the hospital conservatively with continuation of his previous medication and he was discharged after counselling him about his condition with advice for further follow up in Cardiology and Ne .....

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..... he has been advised to continue treatment and precautions as previously recommended at the time of his discharge on 24th June 2011 along with Tab. Alprax 0.25 mg 1 tablet twice daily . 10. 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. 11. Learned counsel for the petitioner has drawn my attention to the 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. Learned counsel has urged that such a situation can re-occur in jail and this may even prove fatal. 12. I am not convinced with the a .....

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