Mumbai: The Bombay high court on Thursday cancelled the bail granted to dismissed cop Sachin Waze, an accused in the 2021 Antilia bomb scare and businessman Mansukh Hiran murder cases.
A bench of Justices Girish Kulkanri and Neela Gokhale passed the order while hearing an appeal filed by the National Investigation Agency (NIA) challenging the bail granted to Waze by the special NIA court on September 29. The HC had granted an interim stay on his bail the following day, and he continues to remain lodged at Thane Central Prison.
“The impugned order of the special court is quashed and set aside. The appeal by the NIA is allowed,” the bench said. A detailed order copy is awaited.
On February 25, 2021, an SUV carrying explosives was found near ‘Antilia’, in south Mumbai. Hiran, who had been in possession of the vehicle before it was allegedly stolen, was found dead in a creek in Thane on March 5. Waze was arrested by the NIA on March 13 that year.
In its appeal, the NIA claimed the special court’s judgment was “completely misplaced on both facts and law”. Singh argued that Waze’s role was central to the alleged terror crime and that he had planted an explosives-laden vehicle near the residence of an industrialist with an intent to create terror. He also referred to the allegation of Hiran’s murder.
While granting bail, the special court had held that the agency failed to establish a prima facie case of terrorism. The NIA termed the order “illegal and bad in law”.
The agency challenged observations made by the special court regarding the investigation, particularly criticism over the non-recording of statements of certain persons. Singh said the NIA had recorded statements of three security personnel and contended that the special court had made unnecessary observations, including asking whether the agency was waiting for a “muhurat” to record the statements.
The NIA also claimed the special court had “totally ignored” the evidence of a “prime protected witness” while assessing the case. It sought quashing of the bail order and an interim stay.
The special NIA court granted bail to Waze, observing that the alleged act of parking a vehicle containing gelatin sticks near industrialist Mukesh Ambani’s residence, Antilia, did not constitute a terrorist act. The court also held that the murder of Thane businessman Mansukh Hiran was not linked to the Antilia bomb scare.
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