ORDER : ANANT S. DAVE, J. Rule. Learned APP waives service of notice of Rule on behalf of the respondent-State. 2. Leave to amend the typographical error, which appears in paragraph 2 of this application for bail and suspension of sentence, referring learned Additional Sessions Judge as trial Police is granted. 3. This application under Section 389 of the Code of Criminal Procedure, 1973 is preferred by the applicant-convict-original accused nos. 4, 5 and 12 for suspending the sentence and grant of regular bail in view of Criminal Appeal (against Conviction) No. 1450 of 2016 came to be admitted by this Court on 7.10.2016 in which judgment and order of conviction dated 20.9.2016 in Sessions Case Nos. 22 and 27 of 2013 convicting the original accused under Section 302 of the Indian Penal Code and other offences and sentencing them to undergo life imprisonment was under challenge. 4. Mr. Nanavati, learned advocate for the applicants herein invited our attention to the backdrop of the incidence in question for which even cross-complaint was filed in which accused of rival group came to be acquitted. By taking us to testimonies of injured witnesses viz. of PW-7 and PW-8, vis-a-vis injuries on the deceased and the injured, it is submitted that nowhere it surfaces on record that present applicants inflicted any injury on the deceased and PW-8, who was injured, after receiving the treatment as an indoor patient came to be discharged within five days. It is submitted that version of injured and other eye-witnesses suffer from exaggeration and improvements and other female co-convicts came to be released on bail by suspending sentence by a coordinate Bench inasmuch as their role of instigating the accused was appreciated and that the appeal was likely to prolong, this application be considered accordingly. 5. Ms. Maithili Mehta, learned APP appearing for the respondent-State has drawn our attention to conviction recorded by learned trial Judge under Section 302 read with Sections 143, 147, 148 and 149 of the Indian Penal Code and other offences and submitted that role of present applicants-original accused nos. 5. Ms. Maithili Mehta, learned APP appearing for the respondent-State has drawn our attention to conviction recorded by learned trial Judge under Section 302 read with Sections 143, 147, 148 and 149 of the Indian Penal Code and other offences and submitted that role of present applicants-original accused nos. 4, 5 and 12 can be discarded but for the charge of acting in furtherance of common object and formation of unlawful assembly for which the prosecution was successful in bringing sufficient evidence and it was proved beyond reasonable doubt and the convicts are ordered to undergo life imprisonment and their role surfaces on record, not only for inflicting injuries on PW-2 but also for participating in crime since beginning. It is submitted that even injuries of PW-8 were serious and, therefore, at this stage the application and prayer made therein deserve to be rejected. 6. Having regard to the facts and circumstances and perusal of paper book containing evidence viz. oral as well as documentary evidence relevant for the purpose of considering this application for suspending sentence and bail and particularly, testimonies of injured witnesses, PW-7, PW-8 and medical certificates, we have been persuaded at this stage considering injury received by PW-8 and prima facie no overt act against present applicants, though conviction is recorded by learned trial Judge, without detailed discussion on merit, prima facie we find that a case is made out to suspend the sentence and enlarge the applicants on bail by suspending the sentence. 7. The present application is allowed. The applicants are enlarged on bail on his furning a solvent surety of Rs. 10,000/- each (Rupees Ten Thousand only) and personal bond of the like amount on usual terms and on the following further conditions:— (a) The applicants shall not take undue advantage of their liberty or abuse his liberty. (b) The applicants shall not try to tamper with the evidence or pressurize the prosecution witnesses or complainant in any manner. (c) They shall maintain law and order. (d) The applicants shall surrender their passports, 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. 9. The observation herein above shall have no bearing on the case at the stage of final hearing.