1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY Appellate Side Criminal Application No.1210 of 2008 In Criminal Appeal No.332 of 2008 Shri Sanjay Shivrudra Labyagol Applicant Vs. The State of Maharashtra Respondent Ms.Bhakti Deshpande for applicant. Mr.D.P.Adsule, APP for State. CORAM: B.H.MARLAPALLE & R.Y. GANOO,JJ. November 11, 2009. P.C. 1. We have heard Ms.Deshpande, the learned counsel for the applicant. Mr.Adsule, the learned APP appears for the State. The applicant is one of the four accused convicted by the learned Sessions Judge in Sessions Case No.13 of 2007 for the offence punishable under Section 304(ii) read with Section 34 of IPC and has been sentenced to suffer RI for five years. The said order has been challenged in Criminal Appeal No.332 of 2008 by all the accused and they have been released on bail by this Court. The applicant has been issued a show cause 2 notice on 10th October 2008 by the Maharashtra State Electricity Distribution Company for termination of his service and, therefore, this application for stay to the order of conviction. 2. The State Government has filed Criminal Appeal No.949 of 2008 against the order of acquittal passed under Section 302 read with Section 34 of IPC and it has been admitted on 6/8/2008. We have gone through the order of conviction and sentence and we are satisfied that there is no case made out to stay the order of conviction. 3. Hence the application is rejected. 4. The learned counsel for the applicant is at liberty to circulate the private paper book copies and to apply for fixing Criminal Appeal No.332 of 2008 for hearing at an early date after the paper-book is ready. (R.Y.GANOO,J.) (B.H.MARLAPALLE,J.)