HC grants bail to former Maharashtra minister Manikrao Kokate in cheating case; suspends sentence

Mumbai, Dec 19 The Bombay High Court on Friday granted bail to NCP leader and former Maharashtra minister Manikrao Kokate in a cheating and forgery case linked to a government housing scheme, and suspended his two-year jail term.

The court, however, refused to stay the conviction noting that prima facie evidence pointed to Kokate's involvement. The NCP leader was accused of securing a flat in a government scheme for the economically weaker section (EWS) by submitting false affidavits about his income.

"Permitting a person convicted of criminal offence (to hold a cabinet position) solely on account of suspended sentence would cause grave and irreparable prejudice to public service," said the court.

In his order, Justice R N Laddha noted that Kokate was on bail throughout the trial before the magistrate's court and also during the pendency of the appeal before the session's court.

As the jail term was only two years, it was inclined to grant bail, the high court said.

"The application for suspension of sentence is allowed....The applicant has to deposit a sum of Rs one lakh as surety," the HC said as it admitted for hearing Kokate's revision petition against the sessions court's order which upheld his conviction.

Kokate's counsel Ravi Kadam argued that he was admitted to Lilavati hospital in Bandra where he underwent an angiography, and was scheduled to have an SOS angioplasty on Friday afternoon.

Public prosecutor Mankunwar Deshmukh opposed Kokate's bail plea.

Kokate's conviction was upheld by the Nashik district and sessions court on Tuesday. On Thursday night he resigned from the Maharashtra cabinet where he held the sports and youth affairs portfolio.

A team of Nashik police reached Bandra late Thursday night to execute the arrest warrant.

The case against Kokate dates back to 1989-1992, involving a housing scheme for EWS with an annual income limit of Rs 30,000.

He was accused of securing a flat for him in the scheme by submitting false income affidavits.

Citing bank loans for grapes and rabi crops, as well as records from the Kopargaon Sahakari Sakhar Karkhana (sugar factory), the magistrate's court noted that he was a prosperous farmer whose income far exceeded the eligibility threshold.