NARENDRA SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) ON merits the earlier application was dismissed by Shacheendra Dwivedi, J. Then, the second application was moved on the ground of ailment as the applicant is a cardiac patient. Shacheendra Dwivedi, J. admitted the application and vide order dated 9.3.1994, directed to call for the report from the Head of the Department of Medicine of the G.R. Medical College and J.A. Group of Hospitals, Gwalior, for finding out whether the applicant/patient at all requires the Angiography. Vide report dated 23.3.1994, the Prof. and Head of Department, after examining the petitioner, advised his line of treatment for the next ten days so that after ten days, the patient is evaluated both clinically and by treadmill for treatment and further investigation. After ten days, the patient was again examined on 5.4.1994. The Prof. and the Head of Department of Medicine, G.R. Medical College, Gwalior, has sent a Confidential report dated 5.4.1994 wherein it is reported that the patient underwent treadmill test (expertise E.C.G.) on 4.4.1994 in the Department of Medicine, G.R. Medical College, Gwalior. At this test, the applicant was found positive.

(2.) IN view of this, it was suggested that he should be sent to the All India Institute of Medical Sciences, New Delhi to undergo further investigations (Coronary Angiography and Muga test) so that further treatment can be suggested for his cardiac condition. It was also reported that these investigational facilities are not available in the State of Madhya Pradesh. Therefore, learned counsel for the petitioner submitted that the petitioner be released on interim bail so that he may get his expert treatment, as advised.

(3.) NO such objection was raised while I was hearing the petitions earlier to this petition, but as the counsel for the complainant raised the objection, therefore, I have to state all these facts as to how and in what circumstances, the matters have been listed before me.