Bombay High Court Rejects Stay of Conviction for Politician in Forgery and Cheating Case

Bail Granted Due to Medical Condition, But Conviction Stands Amid Allegations of Fraud in Housing Scheme

In a significant ruling, the Bombay High Court has denied the request for a stay of conviction for Manikrao Shivaji Kokate, a member of the Maharashtra Legislative Assembly and Cabinet Minister, who faces charges of cheating and forgery related to a housing scheme for economically weaker sections. The judgment, delivered by Justice R.N. Laddha on December 19, 2025, upheld the Sessions Court's decision to convict Kokate under Sections 420, 465, 468, and 471 read with Section 34 of the Indian Penal Code (IPC), while acquitting him of charges under Sections 467 and 474.

The case revolves around allegations that Kokate, along with co-accused, submitted forged documents to unlawfully obtain residential flats under a government scheme restricted to individuals with an annual income below Rs.30,000. Despite owning a flat, Kokate allegedly acquired two additional flats through benami transactions and amalgamated them into a single unit, violating the scheme's terms.

Kokate's legal team, led by Senior Advocate Ravi Kadam, argued that the conviction would disqualify him as an MLA, affecting his constituency. They cited inconsistencies in prosecution witnesses' testimonies and a lack of evidence proving Kokate's income exceeded the eligibility limit during the application period. However, the court found no exceptional circumstances warranting a stay of conviction, emphasizing the importance of public confidence and legal accountability.

Despite the denial of stay on conviction, Kokate was granted bail due to his serious cardiac condition, necessitating continuous medical supervision. The court suspended his two-year rigorous imprisonment sentence, considering the short duration and medical grounds.

The judgment highlighted the applicant's fiduciary duty to uphold democratic governance's core tenets, given his constitutional office, and underscored the principle that a convict is adjudged guilty by competent jurisdiction, with a stay of conviction being an exception.

This decision marks a pivotal moment in Kokate's political career, as he continues to face legal challenges while retaining his ministerial position under bail conditions, pending revision proceedings.

Bottom Line:

Conviction under Sections 420, 465, 468, 471 read with 34 of IPC upheld by the Sessions Court, while conviction under Sections 467 and 474 set aside - Application for stay on conviction and suspension of sentence rejected as no exceptional circumstances were found - Sentence suspended and bail granted considering short duration of imprisonment and applicant's serious medical condition.

Statutory provision(s): Sections 420, 465, 468, 471, 467, 474, and 34 of the Indian Penal Code; Section 389 of the Criminal Procedure Code

Manikrao Shivaji Kokate v. State of Maharashtra, (Bombay) : Law Finder Doc Id # 2825132