ORDER : ANANT S. DAVE, J. 1. Rule. Learned APP waives service of rule on behalf of respondent-State. 2. This application for bail is filed by the applicant/appellant under Section 389 of Code of Criminal Procedure, 1973, pending final disposal of Criminal Appeal No. 93 of 2015 wherein the applicant is convicted under Section 302, 34 of Indian Penal Code and also under Section 120-B of Indian Penal Code and sentenced for life imprisonment and other sentence to run concurrently. 3. Mr. H.D. Chudasama, learned advocate for the applicant has invited our attention that other co-convicts though convicted for the offences by believing their role and they were also convicted under Sections 302, 34 and 120B of Indian Penal Code and imposed sentence of 10 years. Upon their filing Criminal Appeals against their conviction came to be considered by this Court by suspending sentence and granting them regular bail pending their criminal appeals. So far as the present application is concerned, no doubt an overt act of inflicting knife blow is established but testimonies of witnesses deserves to be re-appreciated by this Court and such course of exercise can be undertaken at the stage of final hearing of the appeal which is not likely to be heard in near future. By the time the applicant has suffered imprisonment of about 9 years and 7 months and, therefore, prayer be considered accordingly. 4. Learned APP however has opposed the prayer as above on the ground that consideration for bail of other co-convicts had not inflicted any blow upon deceased while the role of the present applicant has surfaced on record whereby he has implicated injuries on vital parts of the body of the deceased by knife blow and alternatively final hearing of the appeal can be fixed at the earliest and the applicant be rejected accordingly. 5. On perusal of the record and relevant evidence and submissions made by learned advocate appearing for the applicant and learned APP, we find that testimonies of witnesses to be considered as an eye witness or chance witness along with other medico legal and documentary evidence and testimonies of investigating officer etc. 5. On perusal of the record and relevant evidence and submissions made by learned advocate appearing for the applicant and learned APP, we find that testimonies of witnesses to be considered as an eye witness or chance witness along with other medico legal and documentary evidence and testimonies of investigating officer etc. at the stage of final hearing but period of imprisonment so far of 9 years and 7 months undergone by the applicant is one of the consideration since final hearing of the appeal is not likely to take place in near future, 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:- (1) The applicant shall not take undue advantage of his liberty or abuse his liberty. (2) The applicant shall not to try to tamper with the evidence or pressurize the prosecution witnesses or complainant in any manner. (3) Maintain law and order. (4) 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.