JUDGMENT 1. Heard learned counsel for the parties. 2. This is second bail application filed by the applicant for suspension of sentence during the pendency of the appeal against his conviction under Section 302 of I.P.C. Learned Addl. Public Prosecutor Mr. Ajay Purohit has produced before us a report by the Medical Officer, Central Jail Hospital, Jaipur dated 10.12.2001, wherein it has been reported that there are no symptoms of any mental disease with the applicant. However, the learned counsel for the applicant has argued that the applicant is undergoing the sentence since 2.1.1996 and he has already suffered the sentence for more than five years, -even six years will be completed in January, 2002 after few weeks. He has submitted that there is no chance of early hearing of the appeal while the applicant is in jail. 3. He has cited before us the case of Takht Singh & Ors. v. State of Madhya Pradesh, reported in JT 1999 (10) SC 438 and the case of Smt. Akhtari Bi v. State of M.P., reported in JT 2001(4) SC 40 . In the case of Smt. Akhtari Bi (supra), the Supreme Court has observed in para-5 that if the appeal is not disposed of within a period of five years for no taut of the convicts, such convicts may be released on bail on such conditions as may be deemed fit and proper by the Court. The factum that the applicant has already suffered the sentence for more than five years, is not disputed by the learned Addl. Public Prosecutor and it is also submitted that at present only such appeals are being heard in which the convicts have already undergone the sentence of more than seven years. 4. We have also considered the facts and circumstances of the case in entirety. Whereas the applicant has already undergone the sentence for a period of more than five years-nearly six years by now, we find that in this case, the sentence be suspended. Accordingly, the sentence awarded to the present applicant Hemraj S/o Hazarilal by the Addl. 4. We have also considered the facts and circumstances of the case in entirety. Whereas the applicant has already undergone the sentence for a period of more than five years-nearly six years by now, we find that in this case, the sentence be suspended. Accordingly, the sentence awarded to the present applicant Hemraj S/o Hazarilal by the Addl. Sessions Judge, Khetri, District Jhunjhunu in Sessions Case No. 3/96 dated 27.3.198 is hereby suspended till the final disposal of the appeal and it is ordered that the applicant shall be released on bail subject to the condition that he is not required in any other case and that he furnishes a personal bond in the sum of Rs. 20,000/- (Rs. Twenty Thousand) with two sureties in the sum of Rs. 10,000/- (Rs. Ten Thousand) each to the satisfaction of the trial Court. The applicant shall also report himself before the concerned Police Station on every second and fourth Saturday of every month. 5. The application moved under Section 389 of the Cr.P.C., seeking suspension of sentence is allowed, accordingly.Application for suspension of sentence allowed. *******