In a marathon five-hour hearing marked by intense arguments, the defense counsel for disqualified Congress MLA Sunil Kedar, involved in the Rs 150 crore Nagpur cooperative bank scam, presented a plea for a stay on conviction and bail. The sessions court judge closed the plea for order on Tuesday, and a decision on Kedar's bail is expected on Wednesday.
The former MLA's defence counsel vehemently argued for a stay on his conviction apart from suspension of the five year term spelt by the lower court last week. Suspension of the term would ensure Kedar's release on bail and a stay on conviction would more importantly reverse Kedar's disqualification as MLA, TOI reported.
Kedar's lawyer, Devendra Chauhan, emphasized the need for a stay on conviction, citing the popularity of the former Saoner MLA, who has been elected five times, and the importance of retaining him as a legislator representing the people. Chauhan referred to the Supreme Court's observations in cases involving the disqualification of Congress leader Rahul Gandhi and Navjot Singh Sidhu, emphasizing that post-conviction disqualification could impact people's representation in a constituency.
However, Special Public Prosecutor Ajay Misar argued that a stay on conviction can only be granted by the high court, not the sessions court where the matter was being heard. Misar highlighted the procedural aspects, stating that for the suspension of sentence, the fine imposed by the lower court needs to be paid. He also mentioned that the court had provided a detailed account of the money involved in the case.
Kedar's counsel clarified that his client has already paid the Rs 12.5 lakh fine levied by the lower court. Kedar is one of six accused convicted in the government securities scam. While other accused only moved a plea for the suspension of sentence or bail, Chauhan argued that Kedar cannot be convicted as he was not a direct beneficiary of the siphoned amount."