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2017 (1) TMI 1799

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....assed by this Court on 24.10.2016, declining bail to the petitioner on medical grounds, learned counsel for the petitioner has drawn our attention to a communication dated 29.06.2016. Paragraph 6 thereof, to which our attention was drawn, is extracted hereunder: "It is correct that Shri Asha Ram cannot perform his daily routine matters and cannot walk without the assistance of other inmate persons/tools. On the basis of prison medical records (as per Prison doctor and Ayurvedic doctor Sh. Arun Tyagi) many a times Shri Asha Ram suffers with stabbing pain in head and many times the urine and stool is passed in his clothes." (emphasis is ours) 2. In addition to the above, learned counsel for the petitioner, drew our attention to....

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....ical and blood investigation reports are enclosed in original. Findings from the extent of completed evaluation reveal the petitioner's medical condition as 'Stable'. However, coronary, cartoid and prostate evaluation remained incomplete as the petitioner refused to undergo the requisite tests. (emphasis is ours) Referring to the aforesaid report, it was submitted on behalf of the petitioner, that the petitioner was pointedly diagnosed, as having a condition of 'prostatomegaly'. It was submitted, that the aforesaid condition, is relatable to the prostate gland, wherein there is no control on urination. 4. In order to appreciate the submissions advanced at the hands of the learned counsel for the petitioner (s....

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...., he has given the suggestion that such treatment of high quality can be provided at All India Institute of Medical Sciences (AIIMS), Jodhpur itself. To another request of the learned senior counsel for the petitioner that the petitioner wants Ayurvedic treatment, it is also responded by Mr. Mehta that there is a State Ayurvedic Hospital in Jodhpur namely Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Jodhpur itself and State can ensure that the petitioner shall be treated there if he wants so. We find the suggestion of Mr. Mehta to be quite reasonable and acceptable. Thus, subject to the consent of the petitioner, the petitioner shall be provided full medical facilities at AIIMS, Jodhpur and/or Dr. Sarvepalli Radhakrishnan Raja....

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....at for the diseases suffered by him, AIIMS Jodhpur does not have the necessary facilities. Besides, it has also been confirmed that there is no Inpatient Department at AIIMS, Jodhpur. In view of the report of the Medical Board of AIIMS, the following specialties are essential for treatment of the Petitioner. i. Neurology ii. Urology iii. Endocrinology iv. Cardiology v. Rheumatology vi. Geriatic Medicine; etc. None of the above facilities are available in AIIMS Jodhpur. The screenshort taken from the website of AIIMS Jodhpur shows that none of the above specialized Departments are available in AIIMS, Jodhpur. Copy of the screenshot taken from the website of AIIMS Jodhpur on 25.10....

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....he 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 of this Court's order, dated 24.10.2016, has vehemently been opposed by the learned Additional Solicitor General, representing the State of Rajasthan. It was contended on behalf of the respondent - State of Rajasthan, that the petitioner does not suffer from any serious medical complication. Relying on the medical report of the All India Institute of Medical Sciences, extracted hereinabove, it was submitted, that the findings of the medical board, comprising of eight senior doctors of the hospital reveal, that the petitioner's medical condition ....