- (1.) To support the petitioner 's claim for modification of the order passed 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 the report dated 11.07.2016, submitted by the Superintendent, Central Prison, Jodhpur, based on a hospital prescription, wherein the petitioner had complained of urine and stool incontinence. Learned counsel for the petitioner was at pains to point out, that the afore-stated complaint should be understood to mean, that the petitioner had no control either on urination or in passing stools.
(3.) In order to supplement the claim of the petitioner, with reference to his having no control on urination, learned counsel also drew our attention to a report dated 21.09.2016, furnished by the All India Institute of Medical Sciences, New Delhi, in furtherance of, and in compliance with, orders passed by this Court on 11.08.2016 and 30.08.2016. An extract of the above report, to the extent 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 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) 3.1. 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. ;