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.
Because he knew of the conspiracy and could expose it, hiran was allegedly murdered on March 4, 2021.
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. 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.
Its case was that Waze allegedly used Hiran’s vehicle, fabricated theft proceedings, and planted gelatin sticks and a threat note in the vehicle. Waze was arrested later that month. Justices Dangre and Chavan recused themselves from hearing the NIA appeal against the special trial court order of bail to Waze. 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.
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.
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.