Mumbai: In a relief for state minister Manikrao Kokate, the Bombay High Court on Tuesday refused to interfere in the decision of a Nashik sessions court staying his conviction in a 1995 cheating and forgery case.
Kokate, who belongs to the Nationalist Congress Party (NCP) headed by Deputy Chief Minister Ajit Pawar, represents the Sinnar assembly constituency in Nashik district.
The HC was hearing an appeal by Anjali Rathod, daughter of former minister late Tukaram Dighole, who had originally filed the complaints against Kokate and his brother Sunil Kokate. Rathod had challenged the March 5 order of the Nashik sessions court staying the conviction.
Justice RN Laddha said at this stage he was not going to interfere with the sessions court order and scheduled the appeal for hearing on April 21. The judge also issued notices to the respondents – state government and the Kokate brothers.
Kokate’s advocate Aniket Nikam said the petition was not maintainable as the petitioner – Anjali Rathod – was not the complainant in the case and hence has no locus standi (legal standing in court).
On February 20, a magistrate court in Nashik district convicted the NCP leader and his brother Sunil Kokate and sentenced them to two years of imprisonment in the case pertaining to submitting fake documents to get flats under a government quota.
The duo had filed an appeal against the conviction before a sessions court, which suspended the sentence on March 5 and also stayed the conviction. The sessions court remarked that if the same was not stayed then Kokate would “suffer prejudice” as he would then face an “irreversible situation” in the event of his disqualification. Voters reposed faith in him (Kokate) and elected him as their legislator and his disqualification would necessitate a re-election which would require “huge public money”, the court had said in its order.
