Wrongly Convicted Database Record

 

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Arvind Kumar Bhatnagar

 

Charge:

Conspiracy to defraud

Sentence:

"1 year or payment of GH¢500,000 fine"

Years Imprisoned:

Year Crime:

2007

Year Convicted:

2015

Year Cleared:

2015

U.S. State or Country of Crime:

Ghana

County or Region of Crime:

City of Crime:

Accra

Result:

Judicially Exonerated

Summary of Case:

"Arvind Kumar Bhatnagar and his codefendant Daniel Charles Gyimah were wrongly convicted on February 27, 2015 by the High Court in Accra, Ghana of conspiracy to defraud, defrauding by false pretenses, forgery, and other charges. Bhatnagar was convicted in absentia because the crimes wee allegedly committed by Bhatnager prior to him leaving Ghana on January 31, 2007. Bhatnagar was a Dubai-based Indian businessman and a director of Eland International Ghana Limited. The case was in connection with a Collective Management Agreement signed between Eland and the National Investments Bank, of which Gyimah was the managing director, and for which the Bank had charged and received collateral management fees of GH$109,000. The High court sentenced both Bhatnagar and Gyimah to a fine of GH$500,000.00 or 12 months imprisonment in default on each count. On appeal Bhatnagar and Gyimah argued that their convictions and sentences should be quashed as a matter of law because after the charges were filed in 2010 no arrest warrant was issued, no criminal summons was served, and in the case of Bhatnagar no extradition proceedings initiated. So the codefendants could not have known to appear at the commencement of the trial to be duly arraigned before the High Court. The Attorney-General of Ghana did not oppose the appeal by admitting the partieshad not been served hearing notices before their trial. On October 20, 2015 the Supreme Court of Ghana quashed the convictions of Bhatnagar and Gyimah."

Conviction Caused By:

Innocence Proved By:

"On October 20, 2015 the Supreme Court of Ghana quashed the convictions of Bhatnagar and Gyimah."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Re: Supreme court quashes conviction of former nib Boss, By graphic.com.gh, Graphic Online, November 4, 2015"

Information Location 1:

http://graphic.com.gh/news/general-news/52735-re-supreme-court-quashes-conviction-of-former-nib-boss.html

Information Source 2:

"Supreme Court quashes Indian businessman’s conviction in Absentia, By Staff writer, Ghanaweb.com, October 24, 2015"

Information Location 2:

http://www.ghanaweb.com/GhanaHomePage/crime/Supreme-Court-quashes-Indian-businessman-s-conviction-in-Absentia-389577

Information Source 3:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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