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 22/03/2016 passed by the learned 3rd Additional Sessions Judge, Surendranagar in Sessions Case No. 88 of 2014, whereby the learned Sessions Judge has convicted the present applicant-accused for the offence punishable under Sections 436 read with Section 114 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years with fine of Rs. 5,000/- and in default of payment of fine, to undergo further period of six months simple imprisonment. 2. Heard the learned advocate for the applicant as well as learned APP for the respondent-State. 3. The learned advocate for the applicant by referring the evidence adduced before the learned Trial Court submits that the appellant had preferred Misc. Criminal Application No. 13858 of 2016 but the said application was disposed of as not pressed vide order dated 15/06/2016 as hearing of the appeal was expedited. He also submits that applicant has undergone by now one year and three months sentence but the appeal is not taken up for final hearing and looking to the pendency of appeals, chances of having early final hearing are very less. He also submits that there is no prima facie case against the applicant-convict, however, the. learned Trial Court has convicted the present applicant for the alleged offences. He also submits that without prejudice to his right and contention the applicant is ready and willing to deposit Rs. 1,75,000/- before the concerned trial court. While referring page-82 of the paper book, learned advocate for the applicant also submits that as per panchnama, total loss caused is around Rs. 1,70,000/- and therefore the applicant has no objection if the said amount is given to the victim who has suffered loss on account incident. It is also upon instruction stated that the applicant will not claim refund if the said amount at any point of time in future even in the event of succeeding in appeal. But is submitted that such concession may not be construed as admission of guilt. It is also upon instruction stated that the applicant will not claim refund if the said amount at any point of time in future even in the event of succeeding in appeal. But is submitted that such concession may not be construed as admission of guilt. It is further submitted that the applicant was on bail during the trail and he has not committed any breach of condition, and thereby, he has not misused the liberty granted by the learned trial court. It is also submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court and shall not commit any breach. Therefore, the applicant may be enlarged on bail by suspending the sentence imposed by the learned Trial Judge, Ahmedabad. 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 as also considering the chances of having early final hearing of present criminal appeal on account of 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 3rd Additional Sessions Judge, Surendranagar in Sessions Case No. 88 of 2014 dated 22/03/2016 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 fresh 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) shall 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 and maintain law and order. (b) shall 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 and maintain law and order. (d) shall 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; (f) shall deposit Rs. 1,75,000/- without prejudice to his rights and contentions before the concerned trial court within a period of three weeks from the date of his release. The said amount may be disbursed in favour of the victim Samimben by an account payee cheque after proper verification. 6. Rule is made absolute accordingly. Direct Service is permitted.