Bombay HC stays Sachin Waze’s bail granted by special court, issues notice on NIA appeal

MUMBAI: Following two recusals, a third division bench of Bombay high court comprising Justices Girish Kulkarni and Neela Gokhale on Wednesday stayed the bail granted by a special NIA court to former police officer Sachin Waze in the five-year-old Antilia bomb scare and Mansukh Hiran murder case under anti-terror law UAPA.The Justice Kulkarni-led bench issued notice to Waze and posted the matter for hearing on Oct 7. Waze has spent 1,999 days in custody and is at the Thane central prison.On Feb 25, 2021, an explosives-laden SUV was found near Antilia. The NIA alleged Waze orchestrated the plot to extort wealthy individuals and project himself as a “super cop” after returning to the police force from a long suspension. Its case was that Waze allegedly used Hiran’s vehicle, fabricated theft proceedings, and planted gelatin sticks and a threat note in the vehicle. Hiran was allegedly murdered on March 4, 2021 because he knew of the conspiracy and could expose it. Waze was arrested later that month.When the matter originally came up on Wednesday as scheduled, it was listed before a division bench of Justices Bharti Dangre and Ashish Chavan. Justice Dangre asked if Waze was released or not as yet. Additional solicitor general Anil Singh for NIA said he was not.Justices Dangre and Chavan recused themselves from hearing the NIA appeal against the special trial court order of bail to Waze. Justice Dangre said she had already earlier -- in Sept 2024 -- recused and directed that Waze’s matter in the NIA case not be placed before a bench where she is a party. Her 2024 order was in a quashing plea filed by Waze.Justice Dangre said to the ASG, “We understand and appreciate your inconvenience” and expressed regret that the matter would now have to be placed before another bench.Justice Chavan—who was appointed as judge last year--too recused, saying he had as a lawyer appeared for CBI in a distinctly connected matter.On Tuesday, the HC division bench of Justices Sarang Kotwal and R R Bhonsale had recused itself when the ASG had mentioned the challenge and sought urgent hearing.After Wednesday’s recusal, the ASG mentioned the matter before HC Chief Justice Mahesh Chandra Tripathi to have it assigned before another bench since a few other judges on other benches too, as lawyers, appeared for Central agencies in the case. The CJ assigned the mater to Justice Kulkarni’s bench.On Tuesday, special NIA court judge Chakor S Baviskar, granting bail to Waze, had held there was “absolutely nothing on record” to infer that industrialist Mukesh Ambani or his family were ever terrorized and repeatedly questioned the lack of statements taken and dubbed as “quite hypothetical” the allegation of any demand made by Waze of money from the Ambanis. The judge observed the SUV containing gelatin sticks was parked near Shikharkunj building on Carmichael Road, and not directly opposite Antilia on Altamont Road.In its appeal, NIA before HC said the bail order was “erroneous and illegal,” passed without going into detailed facts and circumstances, and is “completely misplaced both, on facts and law.”The appeal said the special NIA court “completely ignored the rigours of Section 43 D of the Unlawful Activities (Prevention) Act while granting bail to the main accused (Waze) whose role is ‘central’ in character to the terror crime of this case.”Waze’s record is not “unblemished” as he submits, said the NIA, citing inquiries against him. The NIA said the “very substratum of the prosecution case is that, Waze after his reinstatement in police service after a long suspension, wanted to regain his clout.” Moreover, he was “under the compelling circumstances to collect Rs 100 crore per month from hoteliers and bar owners in Mumbai and territory, and in that process, he intended huge monetary gain for himself also and for that hatched a criminal conspiracy with other accused in this case and committed all the alleged offences.”To allegedly execute his conspiracy to extort money from the wealthy, Waze “required a vehicle in which he could plant some explosives, park it in front of a residence of influential and wealthy industrialist or corporate tycoon and putting him under terror extort huge amounts for himself and to meet the alleged target given to him”, the NIA added.The Nia stressed Waze was in “search of easy and wealthy prey who would succumb to threat and provide any amount to avoid fatal consequence… and he chose the Ambani family.” The special NIA court said the day-to-day business of the Ambanis did not appear to have been disturbed “even for a minute” after the incident. The court said there was nothing to show whether any member of the family even came to know an explosives-laden vehicle had been parked near their residence.Justices Kulkarni and Gokhale will hear both sides on Oct 7.You Can Also Check: Gold Rate in Mumbai | Silver Rate in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai | Mumbai AQI | Weather in Mumbai | Petrol Price in Mumbai | Diesel Price in Mumbai | CNG Price in Mumbai | LPG Price in MumbaiStay updated with the latest Mumbai news. Download the TOI App.