NURU KELABHAI BHURIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Patel, learned advocate, for the applicant and learned PP, for the respondent-State.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 43/2017 with Jamkandorana Police Station for the offences punishable under Sections 365, 386, 506(2) and 114 of the IPC.

(3.) Considering the police papers supplied by learned APP during the course of hearing, it appears that substantial investigation is over. The offences alleged against the applicants are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail will amount to pre- trial conviction, which is prohibited by law.