Section 40 in Criminal Court Rules of the High Court of Judicature at Patna
40.
When it is duty of a Sessions Judge to hold sitting at more than one place and he finds that he is unable to proceed to the other place on the date fixed for trial there, he shall make such arrangements as may be best calculated to relieve the prisoners under trial from unnecessarily prolonged detention in custody and also to minimise the inconvenience of the witnesses. [G.L. 1/66.][41. In all capital sentence cases where there has been an interval of one month or more between the apprehension of the accused and the conclusion of the trial in the Court of Sessions, a full explanation of such delay should be sent to the High Court along with the proceedings submitted under the provisions of Section 366 of the Code of Criminal Procedure.It should be clearly understood, however, that the period of 9 months here allowed before a capital sentence case becomes explanatory, should in no circumstances be regarded as the interval which may justifiably intervene between the apprehension of the accused and the conclusion of the trial in the Court of Sessions.] [Substituted by C.S. No. 30.]
