Bombay High Court Suspends Sentence Of Former Nagpur Congress MLA Sunil Kedar Convicted In Bank Scam Case Of Over ₹153 Crores

The Bombay High Court on Tuesday granted bail to disqualified Congress MLA Sunil Chhatrapal Kedar convicted last month in a case involving a scam of over Rs. 153 Crores while he was the chairman of a cooperative bank.

Kedar sought suspension of his sentence awarded by a magistrate court in Nagpur and enlargement on bail till his appeal against conviction pending before the Sessions Court was decided.

Justice Urmila Joshi-Phalke of the Nagpur bench allowed his application, stating that the reasons would be recorded in a separate judgment.

“The execution of the substantive jail sentence imposed by the trial court shall stand suspended, till disposal of the application. Applicant Sunil Chhatrapal Kedar, be released on bail on his executing a P.R. Bond of Rs.1,00,000/- (Rs. One Lakh) with one solvent surety of the like amount”, the court held.

Kedar was released from Nagpur Central Prison today.

Sunil Kedar, a five-term MLA from Saoner in Nagpur district, was sentenced to five-year imprisonment on December 22, 2023, by the Additional Chief Judicial Magistrate, Nagpur. The conviction was related to irregularities at the Nagpur District Central Cooperative Bank (NDCCB). Kedar was the chairman of NDCCB from 1999 to 2002.

The trial court had opined that the accused misappropriated Rs. 153.04 crores of bank funds by hatching a conspiracy to do so. Kedar and five others were convicted on charges of criminal breach of trust, criminal conspiracy, and forgery, under the Indian Penal Code. They were sentenced to imprisonment and a fine of Rs 12.5 lakh each.

The irregularities at the NDCCB came to light during an audit conducted by the National Bank for Agriculture and Rural Development (NABARD) and a subsequent audit ordered by the Cooperative Commissioner in 2002.

He approached the sessions court in an appeal against conviction and sought a stay of his conviction and sentence. The sessions court rejected Kedar's plea seeking a stay on the conviction and sentence. Thus, he approached the Bombay High Court.

Kedar in his application contended that he has a good case on merits in his appeal against conviction. The trial court failed to consider crucial evidence and his explanatory statement, he contended. He claimed that there was no evidence that he enriched himself illegally from the funds of the bank.

Additionally, he submitted that being a senior citizen, he suffered adverse health effects due to the protracted 22-year duration of the trial. The application further emphasized Kedar's compliance with all bail conditions during the trial.

The prosecution opposed the application, stating that Kedar committed a serious economic crime, and, being a public figure, should not be granted bail immediately after conviction as that would shake to confidence of the common man in the justice delivery system.

While granting him bail, the HC directed Sunil Kedar, to attend the trial court on the 1st of every month. The trial court will record his presence during these sessions.

The HC further prohibited Sunil Kedar from leaving the jurisdiction of the appellate court, i.e., District and Sessions Court, Nagpur, without prior permission from the said Court.

Senior Advocate SV Manohar with advocates DV Chauhan and Nishchay R Jadhav represented Sunil Kedar.

Senior Advocate Raja Thakare and Advocate Ajay Misar represented the State of Maharashtra.

Case no. – Criminal Application (APPLN) No. 01/2024

Case Title – Sunil Chhatrapal Kedar v. State of Maharashtra

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