Mridula Mishra and Dharnidhar Jha JJ.

1. Interlocutory Application has been filed by the appellant for stay of the conviction under appeal, passed by Additional Sessions Judge, Fast Track Court No.-II, Kaimur at Bhabhua in Sessions Trial No. 210 of 2005/44 of 2006. By the impugned judgment and order dated 18.8.2008 and 21.8.2008, the appellant has been convicted under Sections 302 and 120B of the Indian Penal Code and sentenced Rl for life as well as fine of Rs. 25,000/-, in default of payment Rl for two and half years.

2. The appellant has preferred the present appeal against the judgment and order of conviction. By order dated 16.12.2008, the order of sentence was suspended till final disposal of the appeal and the appellant was granted bail, realization of fine was also stayed.

3. The present application has been filed for staying/suspension of conviction, as on account of his conviction, the appellant has been dismissed from the post of Assistant Manager, Madhya Bihar Gramin Bank, vide letter no. 1273, issued by the Chairman, dated 10.9.2008.

4. Sessions Trial No. 210 of 2005/44 of 2006 arises out of Chainpur P.S. Case No. 22 of 2005. The case was instituted on the bas