ORDER : AKIL KURESHI, J. RULE. Ms. Chetna Shah, learned Additional Public Prosecutor, waives service of notice of rule, on behalf of the respondent-State. This application is filed by the original accused for regular bail, who has been convicted for the offences punishable under Section 302 of IPC. The jail record suggests that, he has been in jail for four and a half years. The prosecution case as emerging from Mr. Naresh Vasava (PW-1) the first informant was that on the date of incident, several people were playing cards and suddenly quarrel started between some of them. One Sahdev went inside his house and brought out a knife. The present accused was the brother of Sahdev, who caught hold of Bhikhabhai and Sahdev gave knife blow to Bhikhabhai. The complainant was grandson of Bhikhabhai. He tried to intervene, but Sahdev also stabbed him on the side. 2. The version of this eye witness was corroborated by other witnesses. But the prosecution witnesses were unanimous that the only role attributed by this accused was to catch hold of the deceased Bhikhabhai upon which, it was Sahdev who stabbed him once. The evidence on record also reveals that a quarrel broke out suddenly upon which Sahdev went inside the house and brought knife. This was thus good case of premeditation. 3. Considering such prima facie factors and the role attributed to the present applicant even according to the prosecution witness as also considering the fact that he is in jail since around four and a half years, pending the criminal appeal, he is ordered to be released on bail by suspending the sentence imposed by the trial Court. He shall be released on bail by furnishing a bond of Rs. 10,000/- (Rs. He shall be released on bail by furnishing a bond of Rs. 10,000/- (Rs. Ten Thousand Only) and one surety of the like amount with the following additional conditions: [a] Not take undue advantage of his liberty or misuse his liberty; [b] Not act in a manner injuries to the interest of the prosecution; [c] Surrender his passport, if any, to the lower court within a week; [d] Not leave the State of Gujarat without prior permission of the Sessions Judge concerned; [e] Mark his presence before the concerned Police Station on alternate Monday for initial three months and thereafter, on first Monday of every English calendar month, for a period of six months, between 10:00 a.m and 2:00 p.m; [f] Furnish latest address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court; 4. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.