LAWS(DLH)-2011-7-254

KARIM MORANI Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On July 19, 2011
KARIM MORANI Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) KARIM Morani, the petitioner herein is seeking interim bail in case RC No. DAI-2009-A-0045 on medical grounds.

(2.) AT the outset, it may be noted that the petitioner filed a regular bail application being Bail Application No. 883/2011 wherein he also filed an application for interim bail being Crl.Misc. Bail No. 1068/2011 with the prayer that during the pendency of his regular bail application, taking into account the medical condition of the petitioner, he may be released on interim bail.

(3.) LEARNED counsel for the petitioner has taken me through the medical history of the petitioner since 1991 till 2007. He has also referred to photocopies of the Discharge Summary of the petitioner from Lilavati Hospital & Research Centre, Mumbai dated 16th May, 2011, a Review Article on "Coronary Artery Ectasia: From Diagnosis to Treatment" by Sophie Mavrogeni and an article titled "Coronary artery ectasias: imaging, functional assessment and clinical implications" published in Oxford Journal's Medicine European Heart Journal, Volume 27, Issue 9, Pages 1026 to 1031. On the basis of aforesaid record, learned counsel for the petitioner has submitted that the petitioner has a long history of coronary artery ectasias. He is also suffering from Pituitary Adenoma and Neurocardiogenic Syncope besides other ailments. It is submitted that in view of the aforesaid medical condition, the petitioner has been advised a regulated life and to avoid stress. LEARNED counsel submitted that detention in jail pending trial is a cause of great stress for the petitioner and it can aggravate his medical condition. It is argued that medical facilities in jail are not adequate to deal with any emergency. Thus, it is urged that petitioner be released on interim bail, at least for a period of 6 to 8 weeks. In order to stress his point, learned counsel for the petitioner has drawn my attention to the report of G.B.Pant Hospital dated 24 th June, 2011 regarding current medical status of the petitioner wherein it is noted by the Board of Doctors that when Head-up-Tilt Test (HUTT) was conducted on the petitioner, he became unconscious with unrecordable blood pressure and slowing of pulse to 47 beats/min., suggesting neurocardiogenic Syncope as the cause, predominantly vasodepressor type. Thus, it is strongly urged on behalf of the petitioner that the petitioner may be released on interim bail in order to get his medical tests done by the doctors who were treating him before his arrest and whatever condition the court feels justified, may be imposed upon him.