HIGH COURT OF GUJARAT
SVP
ANIL SATYANARAYAN PRAJAPATI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
1. Rule. Learned APP waives service of notice of rule for the respondent – State.
2. After arguing the matter some time, learned advocate Ms.Mayuri Chauhan for the applicant seeks permission to withdraw the present application. Permission, as payed for, is granted.
3. Learned Advocate Ms.Mayuri P Chauhan for the applicant has submitted a copy of the rojkam of Session Case No. 71 of 2023 and on perusal of the same, it appears that the matter was allotted to the Session Court for the first time on 02.02.2023. The applicant and co accused were produced before the learned Sessions Court and as the applicant and the co-accused did not engage an advocate, the matter has been adjourned on innumerable dates and is kept pending for engagement of an advocate till 01.02.2025. The rojkam reflects that the the applicant and the co-accused were not produced before the learned Trial Court on many adjournments and not a single application to engage a private advocate has been preferred by the applicant or co-accused on any date, but the matter has been adjourned for engaging an advocate. On 23.05.2023 the learned APP was heard for framing of charge, and even though, there was no advocate repr
The court emphasized the right to legal aid for under-trials and the necessity of timely legal representation in criminal proceedings.
The legal aid system must ensure effective representation for vulnerable individuals, and lapses by legal counsel should not penalize the complainant.
The main legal point established in the judgment is the right to free legal services as an essential ingredient of a fair procedure for a person accused of an offence, as emphasized by Article 39-A a....
(1) Delay in disposal of appeal cannot be attributed only to Judiciary. There are certain factors which are beyond control to judiciary for which delayed disposal has occasioned.(2) Right of accused ....
(1) Examination of accused – Public Prosecutor is under obligation to remain present when examination of accused is made to assist Court.(2) Right to get legal aid is a fundamental right of accused, ....
The right to legal aid is essential for ensuring timely access to bail for marginalized prisoners, emphasizing the constitutional obligation to uphold personal liberty.
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