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Aug 19, 2012

Accused are entitled for legal aid at each stage of proceedings

in Rajoo @ Ramakant vs State Of MP on 9 August, 2012 Hon'ble Madan B Lakur, Judge Supreme court of India
"we are of the opinion that neither the Constitution nor the Legal Services Authorities Act makes any distinction between a trial and an appeal for the purposes of providing free legal aid to an accused or a person in custody. We are also of the view that the High Court was under an obligation to enquire from Rajoo whether he required legal assistance and if he did, it should have been provided to him at State expense. However, since the record of the case does not indicate any such endeavour having been made by the High Court, this case ought to be re- heard by the High Court after providing Rajoo an opportunity of obtaining legal representation."

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