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TMI Blog2022 (12) TMI 1524X X X X Extracts X X X X X X X X Extracts X X X X ..... ay in jail his ailments have worsened as he has not been able to get any proper treatment. 3. Sh. Zoheb Hossain, learned Special counsel for ED, at the outset, vehemently opposed the present bail application and has submitted that earlier bail application Crl.M.A.17447/2022 has been dismissed by the coordinate Bench of this Court vide order dated 06.09.2022. Sh. Zoheb Hossain has submitted that there is hardly any change of circumstances which may necessitate grant of interim bail on medical grounds. Learned Special counsel has submitted that the petitioner is not suffering from any serious ailments which require any immediate hospitalization or any kind of further intervention. Learned Special counsel has submitted that as evident only oral medication has been prescribed along with subsequent review in neurology and medical OPD. Further, the condition of the petitioner has been found to be stable as per the latest medical report dated 10.12.2022 filed by the prison authorities. Besides this, Sh. Zoheb Hossain, learned Special counsel also has submitted that this Court and Hon'ble Supreme Court have taken a consistent view that in such like matters, the interim bail should not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of herniated discs and degenerative disease, the petitioner had nerve compression resulting in immense pain and stiffness of limbs. Sh. Siddharth Aggarwal, learned senior counsel for the petitioner has submitted that even before the applicant was arrested, he remained hospitalised at Bombay hospital in Indore in September 2021 and has been under constant medical supervision. The prescriptions have been placed on record. Learned senior counsel for the petitioner has submitted that the applicant is able to walk only a few steps without any support. 7. Learned senior counsel for the petitioner has also invited the attention of the Court that on 14.07.2022, the petitioner had sudden fall in the hospital with frothing from mouth and was not able to walk properly, on which he was taken to emergency ward of DDU Hospital. In DDU Hospital, he was referred to Higher Centre and thereafter was examined at RML. 8. Learned senior counsel for the petitioner submits that on 26.07.2022, the applicant was referred to GB Pant Hospital, Cardiology/Neurology Department where he was advised 2D Echo, oral medication and neurology opinion. Learned senior counsel for the petitioner submits that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Date : 10-12-2022 12. To, The Superintendent, Central Jail Hospital, Tihar, New Delhi - 110064. Sub: Regarding Medical Report of inmate patient Vijay Agarwal S/o Ram Chander Agarwal. Sir, In continuation with previous Report submitted on 29/07/2022 vide D.No./SMO/CJ-07/2022/1042. As per the available medical record the inmate patient is case of LBA PIVD with B/L lower limb Radiculopathy, HTN, DM2 and Post COVID case, and under treatment from DDU Hospital, G.B. Pant Hospital Cardiology & Neurology Department / Jail Visiting Senior Resident and Duty Doctor at CJ-07 Dispensary. The inmate patient was referred to Neurosurgery department at G.B. Pant Hospital wherein he was examined by the Neurosurgeon and was advised MRI LS spine and Physiotherapy. On 20/09/2022, Nursing Orderly was sent to Radiology department at G.B. Pant Hospital for date fixation for MRI SL spine with SI-joint and the same was scheduled on 08/12/2023. On 22/09/2022, Medical Board at G.B. Pant Hospital opined impression "PIVD L4-L5 / L5-S1 with right S1 Radiculopathy" and advised avoid lifting weight and forward bending, MRI LS spine and Neurosur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; CJ-07 Dispensary Tihar, New Delhi - 110064" 12. It is correct that the report states that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the authorities tried for further neurological evaluation. But the date for MRI is given of December, 2023. Hence, this Court cannot ask the petitioner to wait for further one year only for advance neurological test. This court also directs the authorities to look into the matter with promptness to ensure that such long dates are not given for the medical examination or the prisoners. This Court considers that the concerned authorities are required to take immediate steps and develop an effective and adequate mechanism. It is also to be noted that there is no allegation of tampering with evidence or abuse of process by the petitioner in the prison. 18. Sh. Zoheb Hossain, learned Special counsel submits that in such a case, the interim bail should be granted for a minimal period and should not be used as a precedent in another case. 19. It is clarified that the interim bail on medical grounds is granted on the peculiar facts and circumstances of the case and will definitely not be taken as a precedent. 20. In the facts and circumstances of the case, the petitioner is admitted to interim bail on medical grounds till 10th February, 2023 on the following conditions:- (i) Petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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