ORDER : P.P. BHATT, J. 1. 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 31.03.2017 passed by the learned 8th Additional Sessions Judge, Surat, in Sessions Case No. 324 of 2014, whereby the learned Sessions Judge has convicted the applicant-convict for the offence punishable under Section 324 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment of three years with fine of Rs. 10,000/-, and in default of payment of fine, to undergo further period of three months simple imprisonment. 2. Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State. 3. 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 the learned trial Court has not properly appreciated the evidence produced on record and thereby convicted the applicant in the aforesaid offence. It is also submitted that the criminal appeal preferred by the the applicant is admitted by this Court and the applicant is having fair chances to succeed in appeal, but on account of pendency of old criminal appeals, chances of early final hearing of the criminal appeal are very less. It is also submitted that the fine imposed by the learned trial Court which comes to Rs. 10,000/- has been deposited by the applicant. Learned advocate for the applicant, upon instructions, states that without prejudice to rights and contentions of both the sides, the applicant is ready and willing to deposit Rs. 20,000/- towards compensation to the injured victim namely Bharatbhai Monabhai Vaghasiya before the concerned trial Court within a period of two weeks from the date of his release on bail, and the applicant has no objection if the said amount is disbursed in favour of the victim. It is also stated that the applicant will not claim refund of the said amount even if he succeed in appeal and acquit in future. But, such concession given by the applicant may not be treated as admission of guilt on the part of the applicant as it is without prejudice to rights and contentions of both the sides. It is also stated that the applicant will not claim refund of the said amount even if he succeed in appeal and acquit in future. But, such concession given by the applicant may not be treated as admission of guilt on the part of the applicant as it is without prejudice to rights and contentions of both the sides. It is further submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, looking to the facts and circumstances, the applicant may be enlarged on regular bail by suspending the sentence imposed upon him by the learned trial Court, during pendency of the Criminal Appeal. 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 and considering the chances of having early final hearing of the present criminal appeal on account of pendency of criminal appeals as also considering the fact that without prejudice to rights and contentions of both the sides, the applicant is ready and willing to deposit Rs. 20,000/- towards compensation to the injured victim before the concerned trial Court within a period of two weeks from the date of his release on bail and has given no objection for disbursement of fine amount of Rs. 10,000/- in favour of the injured victim, 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 upon the applicant by the learned 8th Additional Sessions Judge, Surat, in Sessions Case No. 324 of 2014, dated 31.03.2017, shall remain under suspension till the final hearing and disposal of the Criminal Appeal. The applicant is ordered to be released on regular bail on his executing a personal fresh bail bond and surety in the sum of Rs. The applicant is ordered to be released on regular 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 and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty; [b] surrender passport, if any, to the trial court within a week; [c] not leave the State of Gujarat without prior permission of the Sessions Judge concerned; [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; [e] the fine amount of Rs. 10,000/- deposited by the applicant be disbursed in favour of the injured victim namely Bharatbhai Monabhai Vaghasiya by an account payee cheque after proper verification; [f] deposit an amount of Rs. 20,000/- towards compensation to the injured victim namely Bharatbhai Monabhai Vaghasiya before the concerned Trial Court within a period of two weeks from the date of his release. [g] After depositing the aforesaid amount, the trial Court shall disburse the same to the injured victim namely Bharatbhai Monabhai Vaghasiya by an account payee cheque after proper verification. The permission of withdrawal of the amount, shall not be construed as admission of guilt on the part of the applicant as the amount is being deposited without prejudice to the rights and contentions of both the sides. However, it is clarified that the applicant shall not claim refund of the said amount in the event of his acquittal in future. If the above conditions as volunteered by the applicant are not complied with or fulfilled, the bail granted in favour of the applicant shall stand automatically cancelled without any reference to the Court. 6. Rule is made absolute accordingly. Direct service is permitted.