Mumbai, Oct 16 The Bombay High Court on Friday questioned if dismissed cop Sachin Waze, accused in the 2021 Antilia bomb scare-businessman Mansukh Hiran murder case, would rejoin service if released on bail.
A bench of Justices Girish Kulkarni and Neela Gokhale reserved its order on the appeal filed by the National Investigation Agency (NIA) against the bail granted to Waze in the case by a special court last month.
The NIA had moved HC immediately after he got bail, seeking an urgent stay. The HC had granted interim stay, due to which Waze continues to remain lodged at Thane Central Prison.
On Friday, while hearing arguments of additional solicitor general Anil Singh appearing for NIA and Waze’s lawyer V M Thorat, the bench noted that before Waze was reinstated in service in 2020, he was suspended for 17 years as he was accused in a custodial death case.
“If bail is granted, will he be joining service,” the HC questioned.
In response, Thorat said it was not possible since Waze has been terminated from service after his arrest in these two cases.
The HC also asked the NIA as to how the case fell within the category of a terrorist act.
“Why is this a terrorist act? Only because there were explosives? How do you connect these explosives to Waze,” it asked.
Singh, appearing for NIA, said it was a terrorist act as Waze had kept the gelatine-laden car in a public place.
On February 25, 2021, an SUV with explosives inside was found near industrialist Mukesh Ambani’s residence ‘Antilia’ in south Mumbai.
Businessman Mansukh Hiran, who was in possession of the SUV before it was allegedly stolen, was found dead in a creek in neighbouring Thane on March 5, 2021.
Waze was arrested by the NIA on March 13, 2021, in the combined case of the Antilia bomb scare and Hiran’s killing.
Waze was subsequently made an accused in a corruption case being probed by the Central Bureau of Investigation and Enforcement Directorate. Waze has already been granted bail in the corruption case.
The sessions court, while granting bail to Waze, had said NIA failed to establish a prima facie case of terrorism under the stringent Unlawful Activities (Prevention) Act (UAPA), and that there was no evidence on record to prove Ambani’s family was terrorised by his alleged act.
The NIA, in its appeal, sought the HC to quash the special court order, terming it as “illegal and bad in law” and, by way of interim relief, sought for it to be stayed.
The NIA had claimed the special court was “totally wrong” in granting Waze relief, as he intended to create terror and was accused of murder.
(PTI News)
