exercise of the powers conferred by sub-section (2) of Section 304 of the Code of Criminal Procedure, 1973, the High Court, with the previous ... exercise of the powers conferred by sub-section (2) of Section 304 , Criminal Procedure Code, by the High Court with the previous approval
enshrined in Article 22(1) , Section 303 Cr.P.C. has been inserted in the New Code of Criminal Procedure ,1973. It provides for right ... procedure on account of breach of mandatory provisions of Section 304 Code of Criminal Procedure.
28. Thus, it is seen that in view
Section 303 Cr.P.C., This is a basic human right guaranteed to the accused persons. This right is further strengthened by Section 304 ... This has been reiterated in Sections 303 and 304 , Criminal Procedure Code, 1973. Section 303 Cr.P.C. reiterates the constitutional mandate enshrined in Article
State's expenses, the same can be
done under Section 304 Cr.P.C. and there cannot be any objection for
providing assistance ... this claim of the
petitioner, we have to resort to Section 304 Cr.P.C. which deals with the
`legal aid to accused at State
State's expenses, the same can be done under Section 304 Cr.P.C. and there cannot be any objection for providing assistance ... this claim of the petitioner, we have to resort to Section 304 Cr.P.C. which deals with the `legal aid to accused at State
Session by filing any application invoking sub-section (1) of Section 304 of the Code of Criminal Procedure. It is argued by the learned Additional ... they had engaged in terms of sub-section (1) of Section 304 of the Code of Criminal Procedure nor invoking the inherent power of this
Court before whom he is tried under
Section 304 of Code of Criminal Procedure for assignment of a pleader for his
defence at the expense ... learned Magistrate, though
has filed a petition under Section 304 of Code of Criminal Procedure, would be
entitled to engage a lawyer of his choice
cross-examine them even by recalling them. The provision
under Section 304 of Cr.P.C., provides legal aid to the accused at State
expenses ... certain circumstances. It is relevant to extract the provision
under Section 304 of Cr.P.C., as follows :-
“ 304 Legal aid to accused at State
imprisonment for a term and the Penal Code as well
as the Criminal Procedure Code make and maintain a clear distinction between
'imprisonment ... Pleader and it cannot be said there is
violation of Section 304 Cr.P.C."
31. In view of the fact that Section
that the proclamation under Section 82 Cr.P.C. was duly effected, recorded the same vide order dated 18.04.2015 in Crl ... withdrawn his appearance and the accused themselves filed a petition under Section 304 Cr.P.C. seeking appointment of specified counsel through the Legal Services
