Kokate's conviction and two-year sentence by a magistrate in February this year were upheld by the Nashik sessions court last Tuesday, holding that he and his brother dishonestly induced the state government to allot them flats
Manikrao Kokate. File Pic
The Supreme Court on Monday stayed conviction of former Maharashtra minister Manikrao Kokate in a cheating and forgery case, reported news agency PTI.
A vacation bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice to the Maharashtra government on Kokate's plea.
"Issue notice. In the meanwhile, conviction of petitioner shall remain stayed to the extent that there shall be no disqualification as a member of legislative assembly. However he shall not hold any office of profit," the bench said, reported PTI.
Kokate's conviction and two-year sentence by a magistrate in February this year were upheld by the Nashik sessions court last Tuesday, holding that he and his brother dishonestly induced the state government to allot them flats.
HC grants bail to former Maharashtra minister Manikrao Kokate in cheating case
Earlier, on Friday (December 19), in a partial relief to former Maharashtra minister Manikrao Kokate, the Bombay High Court suspended his two-year jail term in a cheating and forgery case and granted him bail, but refused to stay his conviction.
Justice R N Laddha said in the order that the court cannot stay the conviction as there was prima facie evidence pointing to the NCP leader's involvement in the case where he was accused of securing a flat in a government scheme meant for Economically Weaker Section (EWS) by submitting false affidavits.
The HC noted that the jail term handed to him by the magistrate's court was only two years and he had been on bail throughout the trial and hearing of his appeal before the session's court, hence it was inclined to grant him bail.
"The application for suspension of sentence is allowed.....The applicant has to deposit a sum of Rs one lakh as surety," HC said.
Justice Laddha also admitted for hearing Kokate's revision petition against the sessions court order upholding his conviction.
But rejecting his plea for a stay to the conviction, the court said "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."
It would erode public confidence in democratic institutions and demoralise those who adhere to law, the high court added.
Kokate's conviction and two-year sentence by a magistrate in February this year were upheld by the Nashik sessions court on Tuesday, holding that he and his brother had dishonestly induced the state government to allot them flats.
On December 18, he resigned from the Maharashtra cabinet.
The case dates back to 1989-1992, concerning a housing scheme for EWS with an annual income limit of Rs 30,000.
(With inputs from PTI)
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