JUDGMENT : ( 1. ) THIS order shall also govern the disposal of Criminal Appeal No. 345 of 1986, M. P. S. R. T. C. v. Arun and Anr. ; Misc. Cri. Case No. 292 of 1988, M. P. S. R. T. C. v. Arun and Anr. ; Criminal Appeal No. 346 of 1988, M. P. S. R. T. C. v. Girirajkishore and Anr. and Misc. Cri. Case No. 534 of 1988, M. P. S. R. T. C. v. Girirajkishore and Anr. . As only one common question of law is involved in all these appeals, all these cases are being decided by a single order. ( 2. ) THIS is an appeal against acquittal. Accused-respondent No. 1 has been acquitted of charge Under Section 3/7 of the M. P. Rajya Parivahan Sewa Bina-Ticket Yatra Ki Rok Adhiniyam, 1974 (for short, the Adhiniyan), by the 5th Addl. Sessions Judge, Indore, vide judgment/order dated 25-11-1987, passed in Criminal Appeal No. 127 of 1987. Misc. Cri. Case No. 407 of 1988 has also been filed by the appellant-Corporation for grant of leave to appeal against the aforesaid judgment/order. ( 3. ) ACCUSED-RESPONDENT No. 1 pleaded guilty to the charge and was convicted by the trial Court. On appeal the appellate Court, following a decision of the Supreme Court in Suk Das v. Union Territory of Arunachal Pradesh, AIR 1986 SC 991 , set aside the conviction amnd acquitted the accused-respondent No. 1 of the charge Under Section 3/7 of the Adhiniyam. ( 4. ) SHRI Dhupar, learned counsel appearing for the appellant-Corporation, placing reliance on a decision of the Supreme Court in Tara Singh v. The State, AIR 1951 SC 441 , contended that the right to legal assistance is a privilege given to the accused and it is his duty to ask for a lawyer if he wants to engage one. The only duty cast on the Magistrate is to afford him the necessary opportunity. ( 5. The only duty cast on the Magistrate is to afford him the necessary opportunity. ( 5. ) IN Tara Singhs case (supra), the Supreme Court was considering and interpreting Section 340 (1) of the Old Criminal Procedure Code and it was in that context and in the peculiar circumstances of the case where the appellant Tara Singh was charged with both patricide as well as murder of his uncle and the relations were found to be reluctant to come to his rescue, in such a case the plea of want of legal assistance was taken for the sake of raising a point and was found to be without any substance. Much water has flown under the bridge since Tara Singhs case (supra ). The Code of Criminal Procedure has itself been drastically changed and that apart the Constitution has been amended providing making the legal aid and assistance as one of the Articles for the directive principles of State Policy and there have been a catena of cases on this point. Article 39-A has been interpreted along with Article 21 of the Constitution, which is a fundamental right of the citizen of India. ( 6. ) THE Supreme Court in its earlier decision in Khatri v. State of Bihar, AIR 1981 SC 928 , has ruled that the Magistrate or the Sessions Judge before whom the accused appears, must be held to be under an obligation to inform the accused that if he is unable to engage the services of a lawyer on account of poverty or indigence, he is entitled to get free legal services at the cost of the State. ( 7. ) IN order to overcome the effect of Suk Dass case (supra), learned counsel referred to a decision of the Supreme Court in Ram Sarup v. Union of India, AIR 1965 SC 247 , and contended that being a larger Bench decision this case should be preferred against Suk Das (supra ). In support of his argument he cited a decision of the Supreme Court in Ram Jivan v. Phoola, AIR 1976 SC 844 . The proposition that a larger Bench decision should be preferred and followed, cannot be disputed. But Ram Sarups case (supra) arose out of a General Court Martial and the Supreme Court was considering the various provisions of the Army Act. The proposition that a larger Bench decision should be preferred and followed, cannot be disputed. But Ram Sarups case (supra) arose out of a General Court Martial and the Supreme Court was considering the various provisions of the Army Act. This case, therefore, does not help the appellant for yet another reason, that Article 39a, which was introduced in the Constitution by 42nd Amendment, reflects the recongnition of the principle that legal aid is an essential and integral part of administration of justice. This aspect of the matter did not fall for consideration in both the cases, Suk Das (supra) and Ram. Sarup (supra), relied upon by the learned counsel. ( 8. ) IN view of the foregoing discussion, Ram Sarups case (supra) is not attracted to the facts of the present case. ( 9. ) THE concept of free legal aid though quite old by now, won the statutory recognition by 42nd Amendment. It is not disputed that the accused in this case was not provided any legal aid nor did the Magistrate before whom he was produced, inquired of him if he was in need of such aid. It is the duty of the Court to see that justice is done even to those persons who have no means to secure legal aid and assistance. It is here that Article 21 of the Constitution come into play. When the personal liberty of a citizen is at stake, Article 39a of the Constitution dictates that such an accused must be provided with legal aid because the requirement of a fair and reasonable procedure being followed before a person can be deprived of his personal liberty, is an essential postulate of Article 21 of the Constitution and such free legal aid as contemplated by Article 39a must be provided at the cost of the State, if the accused cannot afford it on his own. There is no dispute on facts. The accused was unassisted by any counsel. The trial Court did not inform him that he could avail of free legal aid at the cost of the State. In such circumstances, the view taken by the lower appellate Court in acquitting the accused-respondent does not call for any interference. ( 10. ) IN view of the foregoing discussion, Misc. Cri. Case No. 407/88 fails and is dismissed. The leave to appeal as prayed for is rejected. In such circumstances, the view taken by the lower appellate Court in acquitting the accused-respondent does not call for any interference. ( 10. ) IN view of the foregoing discussion, Misc. Cri. Case No. 407/88 fails and is dismissed. The leave to appeal as prayed for is rejected. Consequently, the appeal also fails and is accordingly dismissed. Other connected Misc. Criminal Cases also fail and are dismissed. Leave to appeal prayed in all those cases is rejected. Consequently the appeals also fail and are dismissed.