LAWS(MPH)-2011-1-40

SUKESH AND RUPSINGH Vs. STATE OF M P

Decided On January 31, 2011
SUKESH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Arguments on first bail application under Section 439 of the Code of Criminal Procedure of applicants Sukesh and Rupsingh heard. The applicants are involved in Crime No. 13/11 registered at P.S. Vijay Nagar, Indore under Section 34(2) of M.P. Excise Act.

(2.) According to prosecution story on 5.1.11 on the information of the informer that two persons are going on a Bajaj Pulsar motor cycle with country made liquor for sale, Police reached near Barfani Dham on M.R.9 road. On arrival of two persons on Bajaj Pulsor motor cycle, they were intercepted and on inquiry they told their names as Rupsingh and Sukesh. They were having two plastic canes. On checking they smelled

(3.) It has been argued on behalf of the applicants that applicant Sukesh has been tortured by the police during interrogation and he sustained injuries in his right shoulder and forearms and both the hands fractured and he was sent to jail and he has not been medically treated there and has been referred to M.Y.hospital by jail Doctor. Thereafter on repeated demands for force by the Superintendent of jail for his medical treatment, force has not been sent by R.I. of D.R.P. Line Indore. Hence he should be released on bail so that he can get his treatment.