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 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. 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 and it is clear duty and liability to get them proper food, care and medical treatment, whenever it is needed. 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 and it is clear duty and liability to get them proper food, care and medical treatment, whenever it is needed. If a prisoner needs emergency medical treatment out side' jail, then jail authorities are also competent and have force to send the prisoners for treatment to M.Y. hospital or any other hospital so that health of prisoner should not be deteriorated and his human rights and fundamental rights should be protected properly. Prisoners are human beings and they should be treated properly. But in this case it seems that the Superintendent Jail completed his responsibility by sending letters to RI. Police for demand of force and he did not care about the treatment of the applicant and RI. Police on receipt of demand of the jail authorities about the force, did not pay any heed to the prayer of the jail authorities and he did not provide any force for treatment of the prisoner without any sufficient reason. This is highly objectionable. From the oral reply of the RI. Police Indore, near about 450 persons are available at his force; out of which 125 persons are deputed as security guards in banks; 100 persons are drivers and busy in driving of vehicles; 65 persons are deputed in Courts as Court mohrirs; 40 to 50 persons remain for extra duties with him. Therefore, it was his duty to depute adequate force for the treatment of the prisoner applicant Sukesh which was urgent and necessary. There may be also some other patients in jail in need of force for their treatment out side hospital. Hence, it is the duty of RI. Police that he should not ignore the letters sent by the jail authorities for demand of force for treatment of prisoners. It is also the duty of the supervising authorities to supervise the work of RI. and jail authorities about the treatment facilities of the prisoners in jail. 10. In case of D.K. Basu v. State of M.P 1997 (II) MPWN 211 = (1997) 1 SCC 416 , following guide line have been issued to be followed in all cases of arrest or detention till legal provisions are made in this respect as preventive measures: 1. and jail authorities about the treatment facilities of the prisoners in jail. 10. In case of D.K. Basu v. State of M.P 1997 (II) MPWN 211 = (1997) 1 SCC 416 , following guide line have been issued to be followed in all cases of arrest or detention till legal provisions are made in this respect as preventive measures: 1. The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register. 2. That the police officer carrying out the arrest of the arrestee shall, prepare a memo of arrest at the time of arrest and such memo shall be arrested by at least one witness, who may either be member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest. 3. A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock -up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee. 4. The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest. 5. The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained. 6. 5. The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained. 6. An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the name and particulars of the police officials in whose custody the arrestee is. 7. The arrestee should, where he so requests, be also examined at the time of his arrest and major injuries, if any, present on his/her body, must be recorded at that time. The "Inspection Memo" must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee. 8. The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the State or Union Territory concerned. Director, Health Services should prepared such a panel for all tehsils and district as well. 9. Copies of all the documents including the memo of arrest, referred to above, should be sent to the Illaqa Magistrate for his record. 10. The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation. 11. A police control room should be provided at all district and State headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be, displayed on a conspicuous notice board. Failure to comply with the requirements hereinabove mentioned shall apart from rendering the officer concerned liable for departmental action, also render him liable to be punished for contempt of Court and the proceedings for contempt of Court maybe instituted in any High Court of the country, having territorial jurisdiction over the matter. The requirements referred to above flow from Articles 21 and 22 (1) of the Constitution and need to be strictly followed. The requirements referred to above flow from Articles 21 and 22 (1) of the Constitution and need to be strictly followed. These would apply with equal force to the other governmental agencies also like Directorate of Revenue Intelligence, Directorate of Enforcement, Coastal Guard, Central Reserve Police Force (CRPF), Border Security Force (BSF), the Central Industrial security Force (CISF), the State Armed Police, Intelligence Agencies like the intelligence Bureau, RAW, Central Bureau of Investigation (CBI), CID, Traffic Police, Mounted Police and ITBE These requirements are in addition to the constitutional and statutory safeguards and do not detract from various other directions given by the Courts from time to time in connection with the safeguarding of the rights and dignity of the arrestee." 11. It seems that in case of applicants, the directions have not been complied with properly and despite the recommendation of jail doctor for the treatment of applicant Sukesh he has not been provided with the requisite medical aid due to slackness of RI Police Line, Indore and jail authorities. 12. Since the prisoners are sent to jail under the orders of the Court hence it is directed that whenever a prisoner requires medical aid out side the jail and the force is demanded by the jail authorities, a copy of the requisition letter should also be sent to the Sessions Judge of the concerned District and the R.I. of the Police Line if he fails to provide the requisite force within 24 hours of such requisition, he shall intimate to the Sessions Judge that why he is unable to provide the force. The Sessions Judge concerned shall supervise such cases and shall ensure that the force is provided by the R.I. of the Police Line for the treatment of the prisoner out side the jailor with the help of the force available in the jail, the prisoner will be sent to hospital for the proper treatment and in no case the prisoner should be deprived of proper medical treatment in the absence of force. It is the fundamental right of the prisoner to get his treatment out of jail at proper time and he should not be deprived from it. It is the fundamental right of the prisoner to get his treatment out of jail at proper time and he should not be deprived from it. The jail authorities shall prepare and send a statement every month to the Sessions Judge that in how many cases the prisoner was required treatment out of the jail and in how many cases the force was not provided and he could not be sent to proper hospital due to lack of police force. The Sessions Judge shall discuss this matter in meeting of monitory cell every month. 13. Now let copy of this order be sent to the higher authorities of the District and Head of the Administration, Police Deptt. and Jail Deptt. and Sessions Judge to make proper arrangement for proper supervision for treatment of the prisoners detained in jail. 14. With the above direction this bail application is disposed of accordingly.