ORDER : ANANT S. DAVE, J. Rule. Learned APP waives service of notice of rule on behalf of respondent - State of Gujarat. 2. 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 29.09.2014 passed by the learned Additional Sessions Judge, Court No. 8, Bhavnagar in Sessions Case No. 81 of 2013 convicting the applicant under Section 302 and sentencing him to undergo rigorous life imprisonment and to pay fine of Rs. 5,000/- in default to further undergo RI for 1 year. The applicant was further convicted under Section 324 of the IPC and sentenced to undergo 1 year RI and fine of Rs. 1,000/- in default to further undergo 6 months RI. The applicant was further convicted under Section 135 of the Gujarat Police Act and sentenced to undergo 6 months SI and fine of Rs. 500/- in default to further undergo 1 month SI. All the sentenced were ordered to run concurrently. 3. Learned counsel for the applicant has invited our attention to the case of the prosecution, which has genesis in the incident which took place on 11.01.2013 in which accused were abusing and the complainant - Sanjay Mokaliya prevented them and in turn enraged by such conduct of the complainant, accused inflicted a knife blow on complainant and mother of the complainant intervened who received injuries on fingers of left hand and a witness named Prabhubhai also tried to intervene, who received grievous injuries on buttock by knife. Even the complainant received a stick blow, but injured Prabhibhai - intervener died at Sir T. Hospital, Bhavnagar after 9 days and the concerned doctor conducting postmortem report opined about nature of injuries and cause of death was injury by knife and complications arising out of such injuries. It is further submitted that the applicant had no intention to kill intervenor - Prabhubhai and the evidence in detail can be looked into at the stage of final hearing of the appeal and considering the fact that the applicant is in jail since his arrest on 17.01.2013, he may be enlarged on bail by suspending the sentence during the pendency of appeal. 4. 4. Learned APP appearing for the respondent - state of Gujarat would contend that the applicant had knowledge when he tried to make an assault on complainant by knife and even mother of the complainant also received injury and again attempt was made which resulted into injury on intervener, who succumbed to injuries, no doubt after 9 days but that will not absolve the applicant from the crime committed and based on the evidence he came to be convicted for the offences punishable under Section 302 of the IPC. 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. 5. No doubt, the present one is a successive application seeking suspension of sentence and grant of bail, but earlier on 20.03.2016 liberty was reserved to file a fresh application in case if appeal is not heard within reasonable time. We have perused relevant evidence containing the paper book produced on record and prima facie judgment and order under challenge for which appeal is preferred against the conviction under Section 302 of IPC by the applicant. 6. Having gone through the evidence, including that of injured eye witness viz. PW-9 Sanjay Mokaliya and his mother PW-12 Manjulaben and also of concerned Medical Officer PW-14 Dr. Devendra Panchal, who performed autopsy on PW-16 Dr. Saurabh Mohaprabhu, Medical Officer and cause of death in the context of injuries mentioned in Col. 17 of the postmortem report and considering the above evidence and cause of death was due to stab wound sustained on right buttock and its complications and opinion of medical experts that buttock was not a vital part of body and in ordinary circumstances such injury can be recovered by 10 to 15 days, we are inclined to grant bail by suspending the sentence during the pendency of appeal. 7. 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. 8. The present application is allowed. The applicant is enlarged on bail on his furnishing a solvent surety of Rs. 8. 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. 9. In the meanwhile, the substantive sentence shall remain under suspension. Bail bond before the Trial Court. Rule is made absolute. Direct service is permitted.