ORDER : ANANT S. DAVE, J. 1. Heard learned advocate for the petitioner/original accused and learned Additional Public Prosecutor for the respondent-State. 2. In this application preferred by the petitioner under Section 389 of the Code of Criminal Procedure, 1973, the prayer to grant regular bail during the pendency of Criminal Appeal is revived on the ground that out of sentence imposed for 7 years, the applicant has remained in jail for about 5 years. 3. At the same time, learned APP argued that the Criminal Appeal (for enhancement) No. 4 of 2016 is admitted, and pending for final hearing, and therefore the applicant/original accused has remained 5 years in jail, out of 7 years of sentence, is no ground for considering the prayer of the applicant. 4. Earlier, by order dated 1.2.2016 passed in Criminal Misc. Application No. 24873 of 2015 by assigning reasons, such request of enlargment the petitioner/original accused came to be rejected and against which, the Special Leave to Appeal (Cri.) preferred before the Hon'ble Apex Court, also came to be dismissed vide order dated 3.05.2016 Another attempt made to enlarge the petitioner on bail has also not entertained vide order dated 7.08.2016 passed in Criminal Misc. Application No. 16834 of 2106. 5. Learned APP, Mr. Rutvij Oza for the State of Gujarat states that the discretion may not be exercised in favour of the applicant on the grounds which are forged. 6. Having regard to the facts and circumstances and perusal of the earlier orders passed by this Court, in which a reference is made in the precedent paragraph, whereby that out of sentence of 7 years imposed upon convict, the petitioner has remained in jail for five years and in the near future, possibility of hearing of Criminal Appeal No. 1443 of 2015 preferred by the petitioner against the conviction as well as Criminal Appeal (for enhancement) No. 4 of 2016 by the private party is very less. The petitioner is aged about 70 years and by imposing conditions, we are of the view that the case is made out to grant bail pending appeal by suspension of the sentence for the time being. 7. The present application is allowed. The applicant is enlarged on bail on his furnishing a solvent surety of Rs. The petitioner is aged about 70 years and by imposing conditions, we are of the view that the case is made out to grant bail pending appeal by suspension of the sentence for the time being. 7. The present application is allowed. The applicant is enlarged on bail on his furnishing a solvent surety of Rs. 10,000/- (Rupees Ten Thousand only) and personal bond of the like amount on usual terms and on the following further conditions:— (a) The applicant shall not take undue advantage of his liberty or abuse his liberty. (b) The applicant shall not try to tamper with the evidence or pressurize the prosecution witnesses or complainant in any manner. (c) He shall maintain law and order. (d) The applicant shall surrender his passport, if any, to the lower Court within a week. 8. In the meantime, the substantive sentence shall remain under suspension. Bail bond before the trial Court. Rule is made absolute. Direct service is permitted. 9. The observation herein above shall have no bearing on the case at the stage of final hearing.