1. Arguments on first bail application under S. 439 of the CrPC of applicants Sukesh and Rupsingh heard. The applicants are involved in Crime No. Bill registered at P.S. Vijay Nagar, Indore under S. 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 MR. 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 like country made liquor. From their possession 62 liters country made liquor was seized. Hence, applicants were arrested.

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 RI of DRP. Line, Indore. Hence, he should be released on bail so that he can get his treatment.

4. It has been further argued on behalf of applicants' counsel that they have been falsely implicated in this case. At the time of seizure quantity has not been actually measured and by approximation 62 liters wine has been mentioned in the seizure memo and uptill now there is no report of chemical examiner. They should be released on bail so that they can get themselves treated. Trial will take time.

5. Respondent has opposed the bail application.

6. Considering the circumstances and after perusal of case diary, the application is, therefore, allowed. It is ordered that applicants be released on bail on their each furnishing bail bond of Rs. 25,000/- with one surety by each in the like amount to the satisfaction of the trial Court for their appearance before the said Court on all dates as may be fixed.

7. As regard the treatment of Sukesh, heard Shri S.R Vinchurkar, Dy. Superintendent, Central Jail, Indore and Shri Govind Rawat, R.I. Police Line, Indore. They have filed their written reply. As per report of the Superintendent Jail, police force was demanded for treatement of applicant Sukesh from 7.1.11, 10 .1.11, 13. 1. 11, 14.1. 11, 15. 1.11, 17.1.11, 18.1.11, 19.1.11, 20.1.11, 21. 1.11, 22.1.11 and 24.1.11 i.e. twelve times but the force was not made available from the D.R.P. Line so that the injured Sukesh could not be sent to M.Y. Hospital for treatment. This Court ordered on 25.1.11 for the immediate treatment of Sukesh through jail staff and explanation was sought from Superintendent Jail and RI. Police Line. Thereafter in compliance of this Court order, force was made available by the RI. on 26.1.11 and applicant Sukesh was sent to M.Y. hospital for treatment.

8. As per explanation given by R.I. Indore he is having shortage of force. , Hence, force could not be provided for medical treatment of applicant Sukesh and after order of this Court, he is providing force daily for treatment of applicant Sukesh and he is being sent daily to the M. Y. hospital for examination and treatment. But no explanation has been given by RI. that why on the previous dates on repeated demand right from 7.1.11 to 24.1.11 force was not provided to the jail authorities. It is not clear that why any heed was not paid to the demand of jail authorities to provide the force for the treatment of prisoner. No reply was given to the Superintendent Jail by the RI. Police Line nor report was given to the higher authorities that due to shortage of force he is unable to provide force.

9. The prisoners in jail are on the mercy of the jail authorities and administration for their welfare. Jail authorities are custodians of the prisoners imprisoned in jail a