ORDER : P.P. BHATT, J. The present application is filed under Section 389 of the Code of Criminal Procedure, 1973 by the applicant-convict for suspension of sentence imposed upon him vide judgment and order dated 21.01.2017 passed by the learned Special Judge, (POSCO), Mehsana, in Special POSCO Case No. 52 of 2015, whereby the learned Special Judge has convicted the applicant for the offence punishable under Section 465 of the Indian Penal Code and sentenced to undergo simple imprisonment of one year with fine of Rs. 1,000/-, in default, to further undergo one month simple imprisonment. Learned Special Judge has also convicted the applicant for the offence under Section 468 of Indian Penal Code and sentenced to undergo three years simple imprisonment and to pay fine of Rs. 2000/-, in default, to further undergo two months simple imprisonment and for the offence under Section 471 of Indian Penal Code, the applicant is ordered to undergo one year simple imprisonment and to pay fine of Rs. 1000/-, in default, to further undergo one month simple imprisonment as well as for the offence under Section 120(B) of Indian Penal Code, the applicant is ordered to undergo three months simple imprisonment and fine of Rs. 500/-, in default, to further undergo fifteen days simple imprisonment. All the sentences shall run concurrently. 2. Heard the learned advocate for the applicant as well as learned APP for the respondent-State. 3. The learned advocate for the applicant submits that the applicant has been convicted and sentenced for the offences as stated above. It is further submitted that the fine amount is already paid by the applicant. It is also submitted that the applicant was on bail during the trial and he has not committed breach of any conditions imposed by the Court below. It is further submitted that the learned Court below has not properly appreciated evidence, which was adduced before it. The appeal preferred by the appellant is admitted by this Court, but chances of early final hearing of present criminal appeal on account of pendency of old criminal appeal, are very less. It is further submitted that the applicant will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Therefore, the applicant may be enlarged on bail by suspending the sentence imposed by the learned Special Court, Mehsana. 4. It is further submitted that the applicant will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Therefore, the applicant may be enlarged on bail by suspending the sentence imposed by the learned Special Court, Mehsana. 4. Learned Additional Public Prosecutor appearing on behalf of the respondent-State while opposing the present application submits that there is sufficient evidence against the applicant, and therefore, looking to the gravity of offences, the applicant may not be enlarged on bail. 5. Regard being had to the above submissions and considering the material placed on record, in the facts and circumstances of the case and considering the possibility of having early final hearing of present criminal appeal due to pendency of criminal appeals; this Court is of the view that in the facts and circumstances of the case, discretion is required to be exercised in favour of the applicant. Hence, the present application is allowed and the order of sentence imposed by the learned Special POSCO Judge, Mehsana, in Special POSCO Case No. 52 of 2015 dated 21.01.2017 shall remain under suspension till the final hearing and disposal of the main appeal. The applicant is ordered to be released on bail on his executing a personal bail bond and surety in the sum of Rs. 10,000/- (Rupees Ten Thousand only) to the satisfaction of the Trial Court on the following terms and conditions that the applicant: (a) shall deposit the passport, if any, with the Trial Court, within a week. (b) not leave the State of Gujarat without prior permission of the Sessions Judge concerned; (c) shall not take undue advantage of his liberty or abuse his liberty maintain law and order. (d) furnish latest and permanent address of residence to the Investigating Officer, and also to the Court at the time of execution of the bond, and shall not change the residence without prior permission of this Court; 6. Rule is made absolute accordingly. Direct Service is permitted.