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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 ..... ilments which have been informed that the petitioner suffering from are really very painful and needs immediate redressal. Therefore this Court, without going into the merits of the case and only on a limited point that let the petitioner get his suitable neurology examination conducted, is inclined to grant the interim bail on medical grounds. It is also pertinent to mention here that after earlier interim bail application was dismissed by this Court in September, 2022, 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 - 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. The petitioner is admitted to interim bail on medical grounds till 10th February, 2023 subject to fulfilment of conditions imposed - application allowed. - Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 017, Surjeet vs. State (Govt. of NCT of Delhi): 2021 SCC Online Del 228, Karim Morani vs. CBI: 2011 SCC Online Del 2967, Rajkishor Sunnidhi Dash vs. State of Maharashtra: 2020 SCC Online Bom 11261, Akhtar Parvej vs. State of West Bengal: 2022 SCC Online Cal 471 and Nasir Abdul Kadar Keval vs. State of Maharashtra: 2018 SCC Online Bom 1562. 4. Sh. Zoheb Hossian, learned Special counsel has submitted that in fact the petitioner has not placed any material on record to demonstrate any change of circumstances or any material which could demonstrate any worsening medical condition. Therefore, in view of strict mandatory twin conditions under Section 45 of PMLA, accused may not be released on interim bail unless the Court is satisfied that there are reasonable grounds for believing that he is not guilty of offence of money laundering and that he is not likely to commit any offence while on bail. Sh. Zoheb Hossian, learned Special counsel has further submitted that the bail application of the coaccused in the present case Sh. Bimal Jain has already been dismissed by this Court twice. Learned special counsel submits that earlier SLP filed by the co-accused was dismissed as withdrawn. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rness and pain present in the back. It noted knee joint power and ankle joint power as 2/5 each which was 5/5 on 14.07.2022. Learned senior counsel for the petitioner submits that it is evident that on account of lack of treatment the applicant s strength and sensory powers have immensely decreased. 9. Learned senior counsel for the petitioner submits that this examination was conducted after rejection of the interim bail application of this Court on 06.09.2022. Learned senior counsel for the petitioner submits that there are substantial changes in the circumstances necessitating to approach this Court for grant of interim bail. 10. Learned senior counsel for the petitioner has further submitted that the in their earnest, the jail authorities tried to get the MRI/LS being carried out. However, the date i.e. fixed for MRI is 08.12.2023. Learned senior counsel for the petitioner submits that while the Jail authorities have taken the appellant for further examination but till date no neurosurgery evaluation has been conducted. Learned senior counsel for the petitioner has submitted that even the request for preponement of the MRI has not been accepted by the concerned hospital. It has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed) On 17/11/2022, the inmate patient referred to G.B. Pant Hospital Neurology department and the same was cancelled by DAP. (Copy enclosed) On 24/11/2022 the inmate patient reviewed by SR Neurology at G.B. Pant Hospital wherein he was advised review with MRI report along with Medicine. (Copy enclosed) In view of Court Order, the inmate patient is called before the undersigned wherein he gave complaint of low backache and Radiating pain for which he was reassured and was advised to continue medicine prescribed at Neurology Department at G.B. Pant Hospital. At present, the general condition of the inmate patient is stable and all the medicines are being provided by CJ-07 Dispensary. This is for your information and onward submission. Medical Officer Incharge CJ-07 Dispensary Tihar, New Delhi 110064 12. It is correct that the report states that the general condition of the inmate/patient is stable and all the medicines is being provided by the CJ-07 Dispensary. However, at the same time this report makes it clear that the date for the MRI SL Spine with SL Joint has been scheduled for 08.12.2023. 13. It is also a matter of record that G.B. Pant Hospital did not accept the request fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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) Petitioner shall furnish a bail bond in the sum of Rs. 1,00,000/- with two sureties of the like amount to the satisfaction of the learned Trial Court; (ii) The petitioner shall get himself examined/treated at a hospital of his choice and can have the opinion of any specialist within the territory of National Capital Region; (iii) Petitioner shall remain av ..... X X X X Extracts X X X X X X X X Extracts X X X X
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