Dismissed

Nandkumar Pandurang Ghadge v. the State of Maharashtra

Bombay HC2 May 2009APPA/300/2009

Case brief

AI extract

What is this about?

The Bombay High Court, Criminal Appellate Jurisdiction, dismissed an application by a convicted accused on bail seeking suspension of his conviction order. The applicant argued that suspending conviction (rather than sentence) was necessary to retain pension rights as he had been removed from his service by Bhaba Atomic Research Centre. The court held it was not a fit case to suspend the convictio

What did the court decide?

Application for suspension of conviction order dated 12.9.2006 was dismissed and disposed of.

Nandkumar Pandurang Ghadge Vs the State of Maharashtra — Cheque Dishonour | Bombay HC (2009)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE JURISDICTION

¶2

 CRIMINAL APPLICATION No.300 OF 2009
 IN
 CRIMINAL APPEAL No.1113 OF 2006

¶3

 Nandkumar Pandurang Ghadge. .. Applicant.
 Party in person.

¶4

vs.

¶5

 The State of Maharashtra. .. Respondent.
 Mr P.A.Pol, A.P.P.for the State.

¶6

CORAM : A.R. JOSHI,J.

¶7

DATED : 2nd May,2009.

¶8

P.C.:-

¶9

 1. Heard rival submissions for some
 time.Matter was also heard by the earlier Court
 on previous occasions.

¶10

 2. The applicant is convicted accused and

¶11

 he is sentenced to undergo R.I.for seven years
 and also to pay a fine of Rs. 1,000/- for the
 offence u/s 489-A of I.P.C. The applicant is
 also convicted and sentenced to undergo R.I.for
 seven years and also to pay fine of Rs.1,000/-
 for the offence u/s 489-B of I.P.C. For the
 offence u/s 489-C of the I.P.C. the applicant
 is convicted and sentenced to undergo R.I. for

¶12

 seven years and also to pay a fine of Rs.

¶13

 1,000/-. Same is the punishment for the
 offence u/s 489-D of the I.P.C. However, the
 substantive sentences of all the offences
 awarded to the applicant are directed to run
 concurrently.

¶14

 3. Reportedly, bail is already granted to
 the applicant vide an order dated 29.9.2008 by
 this Court in Criminal Application No.968 of
 2008. By the present application, the
 applicant wants suspension of his conviction,
 though by granting bail, his sentence is
 already suspended. There is subtle difference
 between the suspension of sentence and
 suspension of conviction. The applicant wants
 that his conviction may also be suspended so
 that he is in position to get his pensionery
 benefits from Bhaba Atomic Research Centre

¶15

 (B.A.R.C. for short). Reportedly, the

¶16

 applicant is degree holder in biochemistry and

¶17

 is definitely knowing the consequences of his
 conviction for the offences charged. The
 offences committed by the accused-applicant are
 touching the economy of this country.
 Allegations are that he had used the advance

¶18

 ( 3 )

¶19

 technology of computer for printing fake Indian
 currency notes. The appeal is already admitted
 and pending for hearing. The applicant is at
 present on bail.

¶20

 4. Considering the above circumstances, in
 the opinion of this Court, it is not a fit case
 to suspend the conviction order dated 12.9.2006
 so as to give him pensionery benefits.
 Applicant is already removed from his service
 by the B.A.R.C. There is no merit in the
 application. In the result, application is
 dismissed and accordingly disposed of.

¶21

(A.R.JOSHI,J.)

Nandkumar Pandurang Ghadge v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Nandkumar Pandurang Ghadge v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shaikh Fateh Mohammed Mohd. Raza Vs Pawaskar and Ors.

Sachin Bapat Vs M/S. Vijaysing Gopaldas and Co. and Anr.

Santosh Satya Harijan and Anr. Vs the State of Maharashtra

The State of Maharashtra Vs Sunil Dattatraya Shinde

Ms.Meenakshi Laxmidas Kharva Vs the State of Maharashtra and Ors.

Eknath Pandurang Patil Vs Rajendra Vasudeo Ram and Anr.