Legal options if trial/custodial trial does not start within 6 months

rahul (Querist) 25 July 2014 This query is : Resolved
madam/sir,
my relative is in j/c for 6 months & charged u/s 326, 307 of ipc. the custodial trial was scheduled to begin in the last month. however, neither complainant nor any witness named in C/Sheet appeared in court. thus the trial did not took place. previously 1 month ago we approached to H.C for bail, but it was rejected saying that the trial shall begin. however now it has crossed more than 6 months in j/c.
therefore, I wanted to know whether now again we can approach to session court or High court for bail or not. what are the legal options at this stage. plz suggest.

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Raj Kumar Makkad (Expert) 25 July 2014
As the circumstances have changed, you can move again before high court seeking regular bail.

rahul (Querist) 25 July 2014
thank you sir

Raj Kumar Makkad (Expert) 25 July 2014
You are most welcome.

Devajyoti Barman (Expert) 26 July 2014
You can apply for bail u/s 439 crpc.

ajay sethi (Expert) 26 July 2014
agree with experts

Rajendra K Goyal (Expert) 26 July 2014
Agree with the expert.

T. Kalaiselvan, Advocate (Expert) 27 July 2014
You can move bail application in the sessions court itself, considering the long period custody, bail may be granted.

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