1 APPA.1280-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1280 OF 2011 IN CRIMINAL APPEAL NO. 510 OF 2011 Eknath Raganath Pai ...Applicant. Vs. State of Maharashtra ...Respondent. ---- Miss. N. Shaikh i/b Khan Abdul Wahab, for the Applicant.. Mr. P.S. Hingorani, APP for the State. ---- CORAM: V.M. KANADE & M.L. TAHALIYANI, JJ. NOVEMBER 14, 2011. P.C.:- 1. Heard learned counsel for the applicant. 2. The applicant has been convicted for the offence punishable under Section 302 of I.P.C. and has been sentenced to suffer R.I. for life. The applicant is seeking stay of the order of conviction passed by the Sessions Court. 2 APPA.1280-2011 3. Learned counsel for the applicant has submitted that the applicant is working in Airport Authority of India as a Assistant General Manager and he has been served a show cause notice issued by the Management asking him to show cause as to why his services should not be terminated on account of the order of conviction passed by the Sessions Court. It is submitted that the applicant has one daughter who is pursuing Hotel Management course in Manipal. It is submitted that if the conviction is not stayed, applicant is likely to be terminated, and as a result thereof the grave hardship would be caused to the applicant and his daughter. Learned counsel for the applicant has relied on the judgment of the Apex Court in the case of Navjot Singh Sidhu Vs. State of Punjab & Anr. [(2007) 2 SCC, 574]. It is submitted that if the convict specifically shows consequences that may follow if the order is not stayed then in such cases this Court, by exercising power vested in it under the provisions of Section 389(1) of Cr. P.C., can stay the order of conviction. 4. It is not possible to accept the submissions made by the learned counsel for the applicant. If the order of conviction is set aside in appeal, the applicant can be reinstated, and therefore, in our view this cannot be a ground for granting stay to the order of conviction. The ratio of 3 APPA.1280-2011 the judgment in the case of Navjot Singh Sidhu (Supra) will not be applicable to the facts of the present case. Hence, the application for stay to the order of conviction is dismissed. 5. However, hearing of the appeal is expedited. Appellant to prepare private paper book and thereafter apply for a fixed date of hearing. 6. Criminal Application stands disposed of. (M.L. TAHALIYANI, J.) (V.M. KANADE, J.)