1. - Heard learned counsel for the parties. The applicants-appellants, who are Government servants, were convicted by the trial judge under Section 307 IPC and each was sentenced to undergo imprisonment for 7 years. The sentence awarded to the appellants was suspended by this court 24.1.2002.

2. Through this stay application under Section 389 (1) Cr. P.C, the appellants have prayed for staying conviction imposed on them by the trial court vide its judgment and order dated 31.10.2001.

3. The controversy centres round the scope of Section 389(1) of the Code of Criminal Procedure. Section 389 (1) Cr. P.C. provides that pending any appeal by a convicted person the Appellate Court, for reason to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond."

4. In Rama Narang v. Ramesh Narang (1995) 2 SCC 513, , their lordships of the Apex Court propounded that what can be suspended U/s. 389(1) Cr. P.C. is the execution of the sentence or the order appealed against. The order referred to in Section 389(1) must be an order capable of execution. An ord