The Bombay High Court on Friday reserved an order in National Investigation Agency’s (NIA’s) appeal challenging bail granted to Naresh Gaur, accused in the Antilia bomb scare and Mansukh Hiran murder case.
Gaur was granted bail on November 20 by a special NIA court. Gaur is still in jail as the special court stayed its order for a period of 25 days.
NIA challenged the bail contending that it was a “terror crime” and committed with an intent to strike terror among people.
Additional Solicitor General Anil Singh argued that Gaur was a part of the conspiracy. Singh said: “The person knew that what he was doing was an illegal act of bringing 14 (mobile) sim cards. He knew that it was to be given to Waze (dismissed cop Sachin Vaze who is also arrested in this case) and then Waze activated the phone in presence of Mane (suspended police inspector Sunil Mane who is also a co-accused). So he knew it was an illegal act.”
He further argued that Gaur specifically bought 5 sim cards from Bhuj (in Gujarat) to Mumbai, which are Benami cards, and then gave them to Mane who activated them in the presence of Vaze.
Singh further contended that the special court did not consider their arguments while granting bail to Gaur.
Opposing the argument, Gaur’s counsel Shirish Gupte and advocate Aniket Nikam, said that it was unfair on NIA’s part to contend that the special court did not consider its contentions. “Kindly see the order, it reproduces the submissions made by NIA. To say that the judge has not applied his mind is unfair to his hard work of passing a reasoned order,” argued Gupte.
A division bench of justices Nitin Jamdar and Sarang Kotwal will pass the order on December 21.
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