KELIBEN BHURABHAI GAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned APP Mr. Chintan Dave for the respondent - State submitted that when this matter touches to regular bail, the same may be referred to the Secretary, High Court Legal Services Authority for providing the legal aid counsel to the applicant.

(2.) This Court has referred to the landmark decisions of the Hon'ble Supreme Court as well as of this Court in the cases of, i) Sheela Barse v. State of Maharashtra , AIR 1983 SC 378 = 1983 SCR (2) 337, ii) Dineshbha Dhemenrai v. State of Gujarat , decided on 31/7/2000, iii) Labhu Laxman v. State of Gujarat , (1999) 1 GLR 889, iv) State of Gujarat v. Manjuben D/o. Kasturbhai Nanjibhai Kunvariya, in Criminal Confirmation Case No. 1 of 2018 with Criminal Appeal No. 474 of 2019 dtd. 18/3/2019 and the judgments of the Hon'ble Supreme Court, wherein, the movement of legal services have been initiated i.e. Hussainara Khatoon and Others v. Home Secretary, State of Bihar , AIR 1979 SC 1360 as well as Hussainara Khatoon and Others v. Home Secretary, State of Bihar , AIR 1979 SC 1369. .

(3.) This Court has also gone into the provisions made in Article 39-A of the Constitution, which reads as under: