- (1.)This application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No.I-30 of 2016 with Unjha Police Station for the offences punishable under Ss. 406, 409, 419, 420, 467, 468 and 471 of IPC.
(2.)Heard learned advocate, for the applicant and learned APP, for the respondent-State and examined the papers placed for consideration in support of the submission made at bar.
(3.)Upon hearing submission, following picture emerges on record :-
(i) Charge sheet is filed.

(ii) It appears that the applicant is behind the bars since 12/09/2018. Considering the findings of the learned Sessions Judge recorded in CR.MA No.444 of 2021, more particularly, paragraph 8, it appears that as f now FSL report is not received and trial has not proceeded, more particularly, on account of delay on the part of the State and therefore, denial of bail would amount to pre-trial conviction which is prohibited by law.

(iii) The applicant has deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

(iv) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.