In a significant development, the Bombay High Court has suspended the two-year jail term awarded to Vijay Kokate, the brother of former minister and NCP leader Manikrao Kokate, in a decades-old case involving the illegal acquisition of a government flat through forged documents.
Court's Interim Order and Bail
The order was passed on Monday by a vacation bench of Justice Ranjitsinha R Bhonsale. The bench issued an interim order that temporarily halts the execution of the jail term until further orders. The court also granted bail to Vijay Kokate.
Vijay Kokate was already on bail during the proceedings in the magistrate's court and the sessions court appeal. The high court has now continued this arrangement, allowing him to remain out of custody.
Background of the 1995 Fraud Case
The case dates back to 1995 and involves allegations of fraudulently acquiring flats meant for the low-income group (LIG). The Nashik police had filed a case against the Kokate brothers, including Manikrao and another brother named Sunil.
The prosecution's case stated that the accused submitted false income affidavits, bogus ration card documents, and other fabricated papers to apply for flats under the government scheme. They allegedly falsely declared their annual income to be below Rs 30,000 to become eligible as members of the low-income group.
Legal Precedent and Similar Relief
Justice Bhonsale suspended Vijay Kokate's sentence on grounds similar to a December 19 order from the high court concerning his brother Manikrao's plea. In that order, another bench of the HC had suspended Manikrao Kokate's two-year sentence.
While acknowledging the prosecution's arguments about the seriousness of the offence, that bench had observed that the sentence was of a short duration. It is noteworthy that the Supreme Court had earlier stayed Manikrao Kokate's conviction in this matter.
During the hearing, In-charge Chief Public Prosecutor Mankunwar Deshmukh submitted that Vijay Kokate could have approached the trial court for cancellation of a non-bailable warrant instead. The court, however, proceeded to grant the relief sought.
An important distinction in the two brothers' cases is that Vijay Kokate had not sought a stay on his conviction before the vacation bench, unlike his brother who had obtained such relief from the higher courts.
