ORAL ORDER : S.H. VORA, J. Heard Mr. Zabuawala, learned advocate, for the applicant and learned APP, 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. III - 303/2017 with Gondal Taluka Police Station for the offences punishable under Sections 65-E, 116-B, 81 and 98(2) of the Prohibition Act. 3. The gist of the case is that the police received information and upon receiving the information, the police had intercepted the vehicle and arrested both persons and also seized all muddamal as well as vehicle and therefore, present FIR. 4. Considering the police papers supplied by learned APP during the course of hearing, it appears that the applicant is found in possession of contraband liquor. Substantial investigation is over. Other co-accused are enlarged on bail. The offences alleged against the applicant 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. Therefore, on the ground of parity, present Criminal Misc. Application deserves consideration. 5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. III - 303/2017 with Gondal Taluka Police Station, on executing a bond of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution; [c] not leave the territory of India without prior permission of the Sessions Judge concerned; [d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly. [e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned; 6. The competent authority will release the applicant only if the applicant is not required in connection with any other offence for the time being. The competent authority will release the applicant only if the applicant is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. 7. Rule made absolute to the aforesaid extent. Direct service is permitted.