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2011 Supreme(MP) 86

I.S.SHRIVASTAVA
Sukesh and Rupsingh – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Zishan Ali for applicants
Bhagwan Singh Panel, Lawyer for respondent/State.

ORDER

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 treat


























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