1. - Heard on the stay application moved under Section 389 of Code of Criminal Procedure for staying the conviction order dated 02.08.2007.

2. It is not disputed that this Court has suspended the sentence awarded to the accused-appellant vide its order dated 10.08.2007.

3. The accused-appellant is a Government servant and at the time of incident, he was working as -Teacher Grade-III at Primary School, Meenapada, Panchayat Samiti-Bandikui. After the incident on 17.05.2005, the accused-appellant was suspended and now he is under suspension and posted under the Block Education Officer, Sikra (Dausa).

4. Learned Counsel for the applicant-appellant placed reliance on the judgment delivered by the Division Bench of this Court in the case of Ramesh Chand v. State of Rajasthan , dated 13.08.2002, wherein the Division Bench has considered the fact that the applicant is a teacher and, therefore, unless the conviction is suspended, being a Government employee, he cannot join his service. He further placed reliance on the judgment delivered by the Coordinate Bench of this Court in the case of Shivlal v. State , dated 23.07.2007, whereby the Coordinate Bench of this Court has considered