ORDER : ANANT S. DAVE, J. In this application filed under Section 389 of the Code of Criminal Procedure, 1973, the prayer is to suspend sentence and grant bail pending criminal appeal against the judgment and order dated 04.07.2013 passed by the learned 2nd Additional Sessions Judge, Khambhaliya, District Jamnagar in Sessions Case No. 43 of 2011 convicting the applicant under Section 302 and sentencing him to undergo rigorous life imprisonment and to pay fine of Rs. 10,000/- in default to further undergo SI for 6 months. 2. Learned counsel for the applicant submits that the conviction of the applicant is believed by learned trial Judge based on location of mobile telephone without examining the representative of service provider of mobile network and holder of SIM card. Apart from the above, disclosure of panchnama and section 2 7 of the Evidence Act vis-a-vis FSL, serological reports and that blood group of deceased and accused was of Group-B and further co-conspirator/co-accused came to be acquitted against whom no appeal is preferred and the above facts if considered at this stage in juxtaposition to reasons, findings and conclusions drawn by learned trial Judge connecting the present applicant with the crime prima facie, and that Mongiben viz. PW-15 has turned hostile along with other panch witnesses, the applicant be considered for regular bail as appeal is not likely to be heard in near future. 3. PW-15 has turned hostile along with other panch witnesses, the applicant be considered for regular bail as appeal is not likely to be heard in near future. 3. Learned APP vehemently opposed grant of bail on the ground that the incident in question took place when daughter of accused No. 1 got married with deceased and when he gone to take his wife at the place of accused No. 1 and thereafter all the accused committed crime in which cogent and convincing evidence surfaced on record qua accused No. 1, which was believed by learned trial Judge resulting into conviction under Section 302 of the IPC and imposing rigorous life imprisonment for which voluminous record containing details about contact of mobile telephone with other accused appears on record and location of mobile tower as well as presence of the accused both are rightly believed and considered by the learned trial Judge along with the manner in which the deceased was inflicted with injuries, which was found in the postmortem note and cause of death is multiple injuries and even discovery of weapon and blood stains found on the clothes of deceased for which no explanation was rendered by them. It is further submitted that in a case like this, discretionary relief could not be exercised in favour of the applicant or alternatively it is submitted that appeal be heard as expeditiously as possible. 4. Having heard learned counsel for the applicant and learned APP for the respondent-State of Gujarat and on perusal of the record of the case, including paper book containing all relevant evidence, judgment and order of conviction and sentence, we find that so far as charge framed under Section 120B of the IPC, conspiracy, all other co-accused/coconspirators are acquitted by learned trial Judge and basically the circumstance in the form of evidence weighed with learned trial Judge was location of mobile phone allegedly of accused No. 1 nearby the scene of offense and frequent calls made during the night hours of the incident, and the accused - application is in jail for more than 5 years and hearing of the appeal will take a long time, at this stage, we are inclined to grant bail by suspending the sentence during the pendency of appeal. 5. 5. Upon overall facts and circumstances, prima facie evidence oral as well documentary on record and (period of imprisonment already undergone by the applicant for about five years, without commenting much on merit, we are inclined to grant bail by suspending the sentence. 6. 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. 7. In the meanwhile, the substantive sentence shall remain under suspension. Bail bond before the Trial Court. Rule is made absolute. Direct service is permitted.