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2013 Supreme(Bom) 742

S.C.DHARMADHIKARI
Ramchhaidor @ Rahul Rajaram Yadav – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant: None.
For the Respondent: Mrs. G.P. Mulekar, A.P.P.

Judgment :-

The grievance of the arrested Accused/Applicant and through prison is that he is in judicial custody for past four years. He states that he is arrested in March, 2009 in connection with a C.R. and lodged at Taloja Central Prison, Navi Mumbai. The offences alleged are punishable under Section 397 and 452 of the Indian Penal Code. The grievance of the Applicant/Accused is that the case was committed to the Sessions Court in 2011. The application for bail was put up before the Sessions Court and it came to be rejected. Now, he does not know the progress of the case.

2. It is unfortunate that the people who are languishing in jails as under trial prisoners are not acquainted with the fate of the cases filed against them by the Prison Authorities and by the Investigating Machinery. They have to take recourse to either Right to Information Act, 2005, or, approach a higher Court and seek this minimal information. The person lodged in jail and languishing in custody may be accused of an offence punishable under the Indian Penal Code, but there is nothing denying his right to obtain such information as is vital for him to defend himself and to fulfill the Mandate of Article 21 o





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