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TMI Blog2017 (1) TMI 1799X X X X Extracts X X X X X X X X Extracts X X X X ..... uestion of extending him the concession of bail on medical grounds. There are no justification, to interfere with, or modify the order passed by this Court - petition dismissed. - SPECIAL LEAVE PETITION(CRIMINAL) NO.6202/2016 - - - Dated:- 30-1-2017 - HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE N.V. RAMANA For the Petitioner : Mr. Shekhar Naphade, Sr. Adv., Mr. Devadatt Kamat, Adv., Mr. Rajesh Inamdar, Adv., Mr. Sndeep S. Ladda, Adv., Mr. Javedur Rahman, Adv. For the Respondent : Mr. Tushar Mehta, ASG, Ms. Ruchi Kohli,Adv., Mr. Yash Mishra, Adv., Mr. Vieraj Anand, Adv., Mr. Adit Khurana, Adv. O R D E R To support the petitioner's claim for modification of the order passed by this Court on 24.10.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtent the same is relevant, is being reproduced hereunder: The petitioner refused to undergo the following investigations: 1. Stress Thallium (Dobutamine) 2. MRI Prostate 3. Carotid Doppler On the basis of clinical and results of investigations received by medical board, he was diagnosed to have the following conditions: 1. Trigeminal Neuralgia 2. Cervical and lumbar spondylosis, Osteoarthritis knees 3. Primary Hypothyroidism 4. Prostatomegaly 5. Carpel Tunnel Syndrome 6. Coronary Artery disease (functional severity not established, as explained below) 7. Low vitamin D3 level (subclinical) Radiological and blood investigation reports are enclosed in original. Findings from the extent of completed eval ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erall, the report/finding of the Board is that the medical condition of the petitioner is 'stable'. Though, the petitioner has filed objections to the said report wherein it is submitted that because of certain ailments which are established in the report of the AIIMS, New Delhi as well, the petitioner, who is 79 years of age, needs immediate medical attention and some of these ailments if not taken care of medically, will lead to further complications. Mr. Mehta, learned ASG also does not dispute that medical treatment is needed in respect of the diseases with which the petitioner is suffering. However, he has given the suggestion that such treatment of high quality can be provided at All India Institute of Medical Sciences (AIIMS) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es from the averments contained in paragraphs 2 to 4 of the said application, which are reproduced below: 2. The petitioner/Applicant is constrained to move this Hon'ble Court for a partial modification of the Order dated 24.10.2016 inasmuch as instead of the State Ayurvedic Hospital in Jodhpur and AIIMS Jodhpur, the petitioner is urging this Hon'ble Court that the treatment may be given at AIIMS, Delhi and in Ayurvedic Hospital situated at Delhi. 3. Pursuant to the order dated 24.10.2016, the Petitioner/Applicant sent his authorized representative to AIIMS Jodhpur and it was found that for the diseases suffered by him, AIIMS Jodhpur does not have the necessary facilities. Besides, it has also been confirmed that there is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed to treat the petitioner in Jail by this Hon'ble Court vide order dated 20.01.2015 in SLP(Crl.) No. 3852 of 2014. The said Dr. Tyagi, as far back as on 07.10.2015, had reported to the Jail Authorities that the Ayurvedic facilities at the Hospital are not adequate and that he had recommended specialized treatment at Kerala Hospitals. True and typed copy of the report of Dr. Arun Tyagi dated 07.10.2015 submitted to the Jail Authorities is annexed hereto and marked as Annexure A-2 (pg 14-17). Based on the aforesaid suggestions at the hands of the learned counsel for the petitioner, it was prayed, that the petitioner be granted bail, on account of the medical condition suffered by him. 6. The instant application for modification o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e treatment at the said hospital was of the highest standard available, and that persons holding highest posts at Jodhpur, get medical treatment, at the said hospital. It is submitted, that not only the hospital specializes, in the field of Urology and Kidney Transplant, it also has all facilities to deal with the condition of the petitioner. 8. We have given our thoughtful consideration, to the submissions advanced at the hands of the learned counsel for the rival parties. 9. The issue that boils down in respect of the medical condition of the petitioner is that, he has difficulty in urination, emerging out of a condition described as prostatomegaly. We are of the view, that the present condition, is not such a serious condition, as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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