ORAL ORDER : P.P. BHATT, J. Rule. Mr. Pandya, the learned Additional Public Prosecutor, waives service of process of Rule on behalf of the respondent-State. 2. Present application has been 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 13/07/2017 passed by the learned Special Judge and Additional Sessions Judge, Godhra in Special Case No. 6 of 2016 (Ele.), whereby the learned trial Judge has convicted the applicant for the offence under Section 135(1) of the Electricity Act, 2003 and sentenced him to undergo three years' simple imprisonment with fine of Rs. 5,000/- with default clause. 3. Heard, the learned advocate for the applicant as well as learned Additional Public Prosecutor for the respondent - State. 4. The learned advocate for the applicant submits that the applicant is an innocent person, however, he has been falsely implicated in the alleged offence. It is submitted that the learned trial Court has not properly appreciated the evidence on record and thereby the applicant has been convicted and sentenced for the offence as stated above. It is further submitted that the fine amount is already paid by the applicant. It is further submitted that the appeal preferred by the applicant is admitted by this Court but the 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 trial Court. 5. The 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. 6. 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 trial Court, as aforesaid, 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) 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 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; 7. Rule is made absolute accordingly. Direct Service is permitted.