IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.157 OF 2008 IN CRIMINAL APPEAL NO.1243 OF 2007 Shri Balkrishna Dattatray Kumbhar ...Applicant Versus The State of Maharashtra & Anr. ...Respondents ...... Mr.A.P.Mundargi, Sr.Counsel with Mr.P.P.Runwal for Applicant. Mr.K.V.Saste, A.P.P. for Respondent No.1. Ms.H.P.Shah for CBI. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 8, 2008. APRIL 8, 2008. APRIL 8, 2008. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. This Application is opposed by the Respondent/CBI on the ground that the Applicant is already placed under suspension after the Applicant was convicted by the lower Court in terms of order dated 15th October 2007. The argument clearly : 2 : overlooks that the Applicant has rushed to this Court by way of present Application not for recalling of the order of suspension passed by the Department but apprehending that the Applicant will be dismissed from service relying on the order of conviction. 3. As the Applicant would suffer serious prejudice on account of order of dismissal, in my opinion, the Applicant is justified in applying to this Court for suspending the order of conviction so that the Department shall not precipitate the matter further. The Applicant through Counsel fairly submits that relying on this order, the Applicant will not claim further relief of setting aside the order of suspension which is already operating against the Applicant passed by the Department on 1st November 2007. 4. Application allowed on the above terms. A.M.KHANWILKAR, J.