( 1 ) RULE. Mr. Prachchak, learned A. P. P. waives service of notice of rule on behalf of the State. This is an application preferred by the applicant under Section 389 (1) of the Criminal Procedure Code for suspension of sentence and his release on bail pending disposal of the appeal. The applicant has been convicted for the offences of murder punishable under Sections 302, 498-A and 294 (B) of the Indian Penal Code, by the learned Additional City Sessions Judge, Court No. 2, Ahmedabad vide judgment and order dated 2nd September, 2003, passed in Sessions CASE No. 121 of 2002, against which Criminal Appeal No. 1247 of 2003 has been preferred and is pending before this Court. 1. The applicant had earlier preferred application for suspension of sentence and release on bail bearing Misc. Criminal Application No. 9771 of 2003, which came to be disposed of by order dated 10/12/2003 which runs as under. Rule. Learned A. P. P. , Shri Prachchak waives service of Rule for the respondent-State. Shri Divetia for Shri Agrawal for the petitioner seeks permission to withdraw this Bail Application at this stage with liberty to file fresh Bail Application after the paper Book is rea