The Bombay High Court granted bail to former Maharashtra minister Manikrao Kokate on Friday in a 1995 cheating and forgery case on a Rs 1 lakh surety, suspending his two-year jail term.
However, the court refused to stay his conviction, noting that evidence points to Kokate’s prima facie involvement in the case.
“Permitting a person convicted of criminal offence (to hold a ministerial position) solely on account of suspended sentence would cause grave and irreparable prejudice to public service,” Justice R N Laddha stated.
The court stated that since Kokate has been sentenced to a jail term of only two years, it was inclined to grant bail. “The application for suspension of sentence is allowed. The (bail) applicant (Kokate) has to deposit a sum of Rs 1 lakh as surety,” the court stated as it admitted Kokate’s revision petition.
Meanwhile, sources said that former minister Tukaram Dighole who filed the original complaint against Kokate plans to move the Supreme Court shortly.
In a related development, Lilavati Hospital issued a medical bulletin on Friday evening stating that Kokate has four blockages in his heart. Accordingly, Dr Suresh Vijan has advised Kokate to undergo a bypass surgery. However, the hospital also clarified that the option of angioplasty is also available, as per the wishes of the patient and his family.
Earlier on Friday, a Nashik Police team visited the Lilavati Hospital in Bandra West where former Maharashtra Sports Minister Manikrao Kokate is scheduled to undergo an angioplasty on Friday, which is likely to delay his arrest, even as the Bombay High Court hears his plea to stay his conviction.
His daughter Seemantini Kokate and wife Seema Kokate were present at Lilavati Hospital, where his health is being closely monitored by his doctors.
The Nashik Police team visited the hospital and consulted with doctors regarding Kokate’s treatment. The 68-year-old MLA’s team of lawyers was also present at the hospital, along with his family members, who reportedly requested the police to allow him to complete his medical tests before taking him to Nashik.
On Thursday, Kokate sent his resignation letter to NCP president and Deputy Chief Minister Ajit Pawar specifying that he is tendering his resignation subject to the Bombay High Court ruling on his petition, seeking a stay on his conviction. “By obeying the district and sessions court decisions in my appeal on December 16, and on ethical grounds, I am tendering my resignation, subject to the Bombay HC ruling in the petition before it,” his letter had stated.
According to sources, before accepting Kokate’s resignation, Pawar tried his best to delay the acceptance of the resignation letter until the Bombay High Court delivered its verdict on Friday.
However, Fadnavis is reported to have told Ajit Pawar that Kokate could not continue as a minister at any cost, since the high court generally does not overrule verdicts delivered by lower courts and that waiting for the Bombay High Court order would only lead to more criticism.
Manikrao Kokate and his brother, Vijay Kokate, were convicted for using forged documents to obtain two flats in a prime locality in Nashik in 1995, under the chief minister’s quota for economically weaker sections. A Nashik district trial court convicted the two brothers to two years’ imprisonment. A police team is looking for Vijay Kokate, sources said.
On Tuesday, a sessions court upheld the verdict after which Kokate rushed to the Bombay High Court which posted the matter for hearing on Friday.
Sources said as things stand, a new minister will be appointed in place of Manikrao Kokate only after the Zilla Parishad elections conclude. Accordingly, the sports and minority portfolios held by Manikrao Kokate will remain with Deputy Chief Minister Ajit Pawar until the local body elections are over.
Sources also said that OBC MLAs from the Ajit Pawar-led NCP interested in the ministerial posts held by Kokate until recently, include Anil Patil, former Food & Civil Supplies Minister Dhananjay Munde, who had to resign and Sanjay Bansode.
Maratha MLAs from the Ajit Pawar-led NCP who are keen on Kokate’s ministerial portfolios include Prakash Solankhe, Sangram Jagtap and Sunil Shelke, sources said.