ORDER : ANANT S. DAVE, J. Rule. Ms. Shruti Pathak, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent - State of Gujarat. 2. Heard Mr. Aamirkhan Patha, learned advocate for the applicant and Ms. Shruti Pathak, learned Additional Public Prosecutor for the respondent. 3. The applicant - original accused No. 3 has preferred this application under Section 389 of the Code of Criminal Procedure, 1973 with a prayer to suspend the sentence and to grant bail pending criminal appeal filed by him against the judgment and order dated 31.08.2015 passed by the learned Additional Sessions Judge, Court No. 15, Ahmedabad in Sessions Case No. 150 of 2011 convicting him and other accused under Section 302 read with Section 120B, etc. of the Indian Penal Code and ordering to undergo life imprisonment, fine, etc. 4. Mr. Aamirkhan Pathan, learned counsel for the applicant would contend that, earlier in the year 2015 the applicant preferred application with similar prayer, which came to be withdrawn with liberty to re-apply for bail after receiving R & P and thereafter two other accused - co-convicts - original accused Nos. 4 and 5 were considered for bail by this Court by suspending sentence vide order dated 27.10.2015 passed in Criminal Misc. Application No. 17304 of 2015. In the said case also, a convict, who ca used injuries to an intervenor and not upon the deceased was considered by this court and in this application also accusation against the applicant is pertaining to inflicting injuries upon one Bashir by pipe on three different parts of the body for which injured came to be discharged from hospital on the next day. Learned counsel for the applicant has also taken us through discussion with regard to role attributed to the applicant in the context of charge framed under Section 302, 120B, etc. of the Indian Penal Code and it is submitted that the very question about conviction is under challenge by the applicant and other convicts, which can be considered at the stage of final hearing and at this stage for the purpose of suspending the sentence and grant of bail the above submissions be considered. 5. of the Indian Penal Code and it is submitted that the very question about conviction is under challenge by the applicant and other convicts, which can be considered at the stage of final hearing and at this stage for the purpose of suspending the sentence and grant of bail the above submissions be considered. 5. Learned APP vehemently opposed grant of bail by suspending sentence by taking us through the testimonies of injured eye witnesses - Bashir and Munir along with specific role attributed to the present applicant, who inflicted injuries repeatedly on Bashir, who tried to intervene when deceased was given knife blows by accused No. 1. She has also referred to nature of conspiracy and evidence surfacing in this regard and in furtherance of common intention all accused have committed crime and, therefore, at this stage, it is not possible to segregate the individual role played by the accused persons in commission of crime when charge was framed under Section 120A, 149, etc. of the Indian Penal Code. Learned APP, therefore, submits that the present application be dismissed. 6. For the purpose of consideration of this application for suspension of sentence and grant of bail, we are benefited by the record of the case available in the context of rival submissions made by learned advocates appearing for the respective parties and at this stage of considering this application we have prima facie addressed ourselves to injuries caused to Bashir by the present applicant and on the next day the injured Bashir came to be discharged from the hospital and nature of testimonies of relevant injured witnesses and theory of conspiracy, including formation of unlawful assembly and execution of common object can be gone into in detail at the stage of final hearing of the appeal. Upon overall facts and circumstances, prima facie evidence oral as well documentary on record and period of imprisonment already undergone by the applicant, without commenting much on merit, we are inclined to grant bail by suspending the sentence. 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) 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. 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) 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 to try to tamper with the evidence or pressurize the prosecution witnesses or complainant in any manner. [c] maintain law and order. [d] surrender his passport, if any, to the lower Court, within a week. 8. In the meanwhile, 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. 10. Direct service is permitted.