Accused persons in judicial custody have the right to obtain vital information about the progress of their cases, in fulfillment of the mandate of Article 21 of the Constitution of India.

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 of the Constitution of India.

3. In this case, the Applicant/Accused has stated that he was not produced in the Court. At one time the condition of his family was critical. His wife expired. He went to perform the last rites. Possibly thereafter there has been no progress.

4. In such circumstances, on the earlier occasion I had directed the learned A.P.P. to take instructions as to whether the investigation is complete, Charge-Sheet is filed and what is the progress in the Sessions Case. Upon oral instructions, the learned A.P.P. states that the Charge-Sheet has been filed, but she is unable to produce the record of the Sessions Case.

5. To my mind, these are not satisfactory state of affairs. The persons like the Applicant/Accused should be provided all information and they should not be required to approach higher Courts only to know the fate of the criminal cases pending against them. In such circumstances, let an affidavit be filed by the Respondent-State setting out the steps taken till date and what is the stage at which the Sessions Case stands presently.

6. List this Criminal Bail Application on 16th April, 2013. No further adjournment will be granted.