The court emphasized the right to legal aid for under-trials and the necessity of timely legal representation in criminal proceedings.

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 representing the applicant and the co accused, the charge was framed and the statements of the applicant and other co-accused was recorded. It is painful to note that though there is a Legal Aid Defence Counsel System in each Court establishment, no advocate from the Legal Aid Defence Counsel was provided to the applicant and co-accused even though they are under trials and in judicial custody since October, 2022. The matter has been simply adjourned in a very casual manner for almost two years without verifying whether the applicant and co-accused intend to engage a private advocate or not and without informing them about their right to legal aid from the Legal Aid Defence Counsel.

4. In view of this factual state on record, which is reflected in the rojkam of Session Case No. 71 of 2023, the Secretary, City Civil Legal Aid Committee, City Civil and Sessions Court, Ahmedabad is directed to do the needful to provide an advocate from the Legal Aid Defence Counsel to the applicant and co-accused at the earliest. It is also expected that the learned Trial Court will conduct the trial with utmost sensitivity keeping in mind that the applicant and other co-accused are under-trials since October, 2022 and the provisions of Section 346 of the Bharatiya Nagarik Suraksha Sanhita.

5. The present application stands disposed of as withdrawn. Rule discharged.