Vishnu Sahai, J. - Heard Mr. K.M. Sangani for the applicant ad Mrs. S.G. Pingulkar APP for State.

2. This is an application for bail in a case under section 395 IPC. It is not disputed by the learned counsel for the parties that the decoity in question took place on 26th January 1986 and that although the applicant is in jail since 3rd September 1986 his trial has not yet commenced. In other words inspite of the fact that the applicant has been in jail for over 9 years and 4 months his trial has not commenced. This indeed is a shocking state of affairs and a shameful reflection on our judicial system.

3. This inordinate delay in the commencement of the trial of the applicant by itself is a sufficient ground to enlarge the applicant on bail in view of the mandate contained in Article 21 6f the Constitution of India.

Article 21 of the Constitution of India provides that "no person shall be deprived of his life or personal liberty except according to procedure established by law."

4. The expression "procedure established by law" came up for construction before the Apex Court in a large number of cases but for the purposes of disposal of this bail application it would only be ne