A trial court in Kalyan had last November sentenced Kalani to life imprisonment for the 1990 murder of BJP activist Inder Bhatija. The court had held the former political strongman, whose family still holds considerable sway over local politics, guilty of murder and criminal conspiracy. The SC had last month stayed the bail granted to the former Congress politician by the Bombay high court recently.
Kalani had moved the HC in appeal and also sought bail and suspension of sentence. HC on March 7 admitted his appeal, suspended his sentence and granted bail. The state, which had opposed Kalani's bail plea in the high court, rushed to the SC in appeal when it lost. At the earlier hearing when the SC stayed grant of bail, the state's counsel shekhar Naphade and Aniruddha Mayee, said Kalani had been convicted for murder and conspiracy to kill. "How can the sentence be suspended?" Besides Kalani has several pending cases against him and his release on bail would be detrimental.
Kalani, represented by counsel Mariam Putham opposed the state's appeal and said he had been behind bars for almost a decade.
Maharashtra government's argument even in the high court had been that Kalani had allegedly been involved in several crimes while on bail granted by the apex court during trial. Kalani's counsel in the HC Niteen Pradhan had argued that there was no direct evidence to implicate Kalani and victim's father and wife, witnesses in the case, had turned hostile.
In the Bombay HC a bench headed by Justice Naresh Patil had asked Kalani (63) to furnish a surety of Rs one lakh and report to Kalyan police once a fortnight last Friday while ordering his release on bail. The court however restrained Kalani from entering Ulhasnagar town.
Bhatija was shot dead in April 1990, two months after his brother Ghanshyam was gunned down. That year, Kalani was contesting the assembly elections from the Ulhasnagar constituency as a Congress candidate, while the Bhateja brothers were backing the BJP candidate, Sheetaldas Harchandani.
Kalani has been Congress MLA from Ulhasnagar twice and he later won as an independent candidate too.
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