Garikapatti, a Dawood Ibrahim gang member who was convicted in the 1993 Mumbai serial blasts case and is also involved in 18 other major crimes, filed a discharge application in Bhatija murder case a couple of months back.
The case hearing was scheduled to begin on Monday, but as none of seven accused were present in the Kalyan court, Special Public Prosecutor Vikas Patil-Shirgaonkar filed an application seeking presence of all of them in the hearing.
Garikapatti claimed that there is no evidence against him and that only his name is there in the case charge sheet. Therefore, he should be discharged, his application said.
Garikapatti is accused in the murder case of Ghanshyam Bhatija, in which jailed former Ulhasnagar MLA Suresh alias Pappu Kalani is also an accused.
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Later, 23 years after the incident, on December 3, 2013, a sessions court in Kalyan convicted Kalani and three others -- Baba Gabriel, Bacchi Pande and Arshad Mohammed Tahir -- in the Inder Bhatija murder case and sentenced all of them to life imprisonment.
Two others -- Narendra Ramsinghani and Richard Fernandes -- were acquitted due to lack of evidence.
Kalani, Gabriel, Pande, Arshad, Ramsinghani, Fernandes and Garikapatti are accused in Ghanshyam Bhatija murder case.
The gangster, known by his street name 'Black Scorpion' had jumped parole in 2003 and since then had been on the run before being caught in February.
He was also allegedly involved in the JJ hospital shootout in the early 90s involving the rival gangs of Dawood Ibrahim and Arun Gawli.