Gujarat High Court Criminal Manual (subordinate court practice), 1977
The following are the relevant provisions of orders which have been issued in regard to the procedure relating to appeals against acquittals:— (1) If the accused is not in custody, the trial Courts should, in case of poverty, provide him with sufficient funds calculated on the scale of journey and subsistence money admissible to witnesses attending the High Court, to enable him to proceed to Ahmedabad. These amounts should be paid from the grant for road and diet money for witnesses. (2) The trial Court, on receipt of an intimation that an appeal has been admitted, shall in cases of poverty, inform the accused person, whether in custody or not, that unless he intends to make his own arrangements for legal assistance, the High Court will engage a legal practitioner at Government expense to appear before it on his behalf. If it is ascertained that he does not intend to engage a legal practitioner at his own expense, a qualified legal practitioner shall be engaged by the Registrar of the High Court to undertake the defence and his remuneration shall be paid by the Government. (3) No elaborate enquiry into the accused's poverty is necessary. Assistance should be offered to any person who cannot afford the cost of the journey or of his own defence as the case may be. (4) These orders should apply equally to appeals for enhancement of sentences under section 377 of the Code of Criminal Procedure.