1. By way of present application under Section 389 of the Code of Criminal Procedure, 1973 , the applicant - accused No.1 is seeking suspension of sentence and release on regular bail during pendency of the present appeal application against the judgment and order of conviction in Criminal Case No. 64 of 2019 passed by the learned 2nd Additional Sessions Judge, Morbi on 08.04.2024, whereby, the learned Sessions Judge has sentenced the applicant – original accused No.1 to undergo rigorous imprisonment of 10 years and fine of Rs.1,00,000/- and in default, simple imprisonment of 1 year for the offence punishable under Section 304 Part-II of the IPC and simple imprisonment of 3 months and fine of Rs.1,000/- and in default, simple imprisonment of 1 month for the offence punishable under Section 504 of the IPC . The learned Trial Court has further ordered that both the sentences were to run concurrently.

2. Learned advocate Mr. Virat Popat for the applicant – accused submits that the applicant is in jail since 21.11.2018 and from the date of his arrest till date, the applicant has undergone 5 years and 2 month in the jail. In the deposition of the medical officer at Exh.42, the Medi