JUDGMENT

KURIAN, J.:

Delay condoned.

Leave granted.

2. Scope of stay of conviction under Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC'), is the subject matter of this appeal. Appellant was tried along with six others by the Court of Additional Sessions Judge, Azamgarh, Uttar Pradesh. He was convicted under Sections 147, 148, 302/144 of the Indian Penal Code (45 of 1860) (hereinafter referred to as 'IPC') read with Section 120B IPC with life imprisonment and fine. He was granted bail by order dated 29.08.2012 by the High Court of Judicature at Allahabad.

3. Thereafter, the appellant filed an application for staying the judgment of conviction which was dismissed by the impugned order dated 07.08.2013. By a separate order, we have cancelled the bail granted to the appellant in view of non-compliance of first proviso to Section 389(1) Cr.PC and the matter has been remitted to the High Court for fresh consideration. Be that as it may, the High Court has considered in detail the application made by the petitioner for staying the conviction and has declined the relief.

4. It is the contention of the learned counsel for the appellant that he is innoce