2011 (7) TMI 1407 - HC - Indian Laws

Summary

Issues Involved:
1. Whether the Petitioner should be granted interim bail on medical grounds.

Detailed Analysis:

1. Whether the Petitioner should be granted interim bail on medical grounds:

The Petitioner sought interim bail in case RC No. DAI-2009-A-0045 on medical grounds, having withdrawn his regular bail application. The Petitioner's counsel argued that the Petitioner has a long history of coronary artery ectasias, Pituitary Adenoma, and Neurocardiogenic Syncope, and that detention in jail could aggravate his medical condition due to inadequate medical facilities in jail. The counsel highlighted the Petitioner's medical history and recent reports, including a G.B. Pant Hospital report dated 24th June 2011, which noted the Petitioner's unconsciousness during a Head-up-Tilt Test (HUTT), suggesting neurocardiogenic Syncope.

The Respondent's counsel opposed the bail application, arguing that the Petitioner's medical records from 1991 to 2007 and post-2007 bypass surgery showed no significant medical issues until 2011, coinciding with the filing of the charge sheet. The Respondent emphasized that recent medical reports indicated the Petitioner did not require active cardiac or neurosurgical management and was advised to continue treatment as an outpatient. The G.B. Pant Hospital's latest report dated 11th July 2011 also suggested stable medical conditions manageable within the jail.

Upon reviewing the medical records, the court noted that the Petitioner's medical condition appeared stable and manageable with the prescribed treatment. The court found no compelling reason to grant interim bail, as the medical facilities in jail were deemed adequate. The court dismissed the application for interim bail but directed the Jail Superintendent and the Medical Officer Incharge to ensure proper treatment and monitoring of the Petitioner's medical condition, including transferring him as an in-patient if necessary.

Conclusion:
The application for interim bail on medical grounds was dismissed as the court found the Petitioner's medical condition stable and manageable within the jail facilities. The court directed jail authorities to ensure the Petitioner received appropriate medical care as advised by treating doctors.