Waze has spent 1,999 days in custody.
Mumbai: A special NIA court on Tuesday granted bail to dismissed police officer Sachin Waze in the 2021 Antilia explosives and Mansukh Hiran murder case, holding there was “absolutely nothing on record” to infer that industrialist Mukesh Ambani or his family were ever terrorized.
Waze arrested later that month *Waze and 9 others, including dismissed cops Sunil Mane and Pradeep Sharma, face charges under IPC and UAPA. In Aug 2021, the same court framed anti-terror and murder charges *In its 33-page order, the judge distinguished between standards for framing charges and granting bail. So rigours of UAPA would not apply *Waze was ordered to be released on a personal bond of Rs 1 lakh with a local solvent surety of the same amount. Until material witnesses are examined, he cannot reside in or enter Mumbai, Navi Mumbai, Raigad, Thane or Palghar except for court proceedings W hat judge said *Applicant/accused Sachin (A/1) has served in police dept for certain years. They and most of all the witnesses are residing and doing business within the territory of Mumbai Municipal Corporation and adjoining districts like Thane, Palghar, Raigad and Navi Mumbai… Accused Sachin can be directed not to enter any of these districts until evidence of all material witnesses is over Bid to turn approver Sachin Waze has sought to turn approver in multiple cases, with mixed results K hwaja Yunus custodial death case: Khwaja Yunus was arrested for 2002 Ghatkopar bus blast. a 2017 witness testimony stated Waze and 3 constables were present in lock-up on Jan 6, 2003, when Yunus was beaten, kicked and left vomiting blood While Waze’s team claimed Yunus escaped. In Jan 2024, Waze sought pardon to turn approver. In March 2024, state opposed plea, labelling Waze as main accused.
The judge said, “It is not the case of the NIA that, since after and due to the incident, the industrialist and his family members left the residence and are not traceable. Because he knew of the conspiracy and could expose it, hiran was allegedly murdered on March 4, 2021. There is nothing to buttress the hypothetical fear of the NIA that, if released on bail, he might flee away. Plea pending 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 Mumbai Stay updated with the latest Mumbai news.
It said the distance between the two spots was considerable, with several buildings in between. “Hence, even the threat to the alleged target does not carry that much weight so as to create terror in their or anyone’s mind,” the judge said. *On Feb 25, 2021, an explosives-laden SUV was found near Antilia in south Mumbai. NIA alleged police officer Sachin Waze orchestrated the plot to extort wealthy individuals and project himself as a “super cop” after returning to police force from a long suspension. NIA said Waze used a Scorpio owned by Mansukh Hiran, fabricated theft proceedings, and planted gelatin sticks and a threat note in the vehicle. He said at the stage of charge, prosecution material is taken as it is, but bail requires “more serious evaluation” to some extent *On murder charge, judge said Hiran’s death was homicidal and “certainly quite unfortunate”, but noted that evidence against Waze was circumstantial and other accused allegedly more directly involved in the killing had been granted bail. Court said since Sharma and Mane had got bail, Waze deserved “some extent of parity” *Judge held that Hiran’s murder, at this stage, did not appear to be the direct outcome of any terrorist act and therefore remained an IPC offence independent of UAPA.
No. The judge observed that the SUV containing gelatin sticks was parked near Shikharkunj building on Carmichael Road, and not directly opposite Antilia on Altamont Road. He must surrender his passport or file an affidavit if he does not hold one. He has deep roots in society. Download the TOI App.
They all are in and around the residence and in the city enjoying life and doing all the possible businesses of mankind as like before the alleged incident, argued the advocate for applicant/accused Sachin and with substance in my opinion. For that, necessary precaution can be taken *So far as tampering with witnesses is concerned, till today, five accused, including ex-police officers, are released on bail… If this applicant/accused… is the kingpin, conditions to avoid his probable contact with witnesses can be imposed upon him *Most vulnerable witnesses could probably be relatives of deceased Mansukh.
The court also examined Section 15 of UAPA, which defines a terrorist act as one intended or likely to threaten India’s unity, integrity, security, economic security or sovereignty, or to strike terror among people or any section of people. Because till this moment, there is no statement recorded… of any of the family members of the Ambanis, nor of their near and dear relatives, “It is impossible to accept that any such terror was in fact ever created in the mind of anyone, least in the minds of Ambanis….
The judge also noted that the NIA office and Antilia share a boundary and are “literally just wall to wall adjacent”. If the failure to question the family was not due to incompetence, the court said, “this lassitude has to be seen with great pity and compassion”. The court called this “quite hypothetical”, saying there was “literally no iota of material” to show any demand for money by Waze from the Ambanis. The judge said the phrase “people or any section of people” would not include a single family or its members, and required a wider group, particularly one based on sect, religion, language, ideology or cult.
The NIA had alleged Waze intended to create fear in the Ambani family, possibly to extort money. Not even a single.
B ox ‘Can’t stay in or enter city till witnesses examined’ The case in court *There is substance in the argument of the… special public prosecutor… that, if anything wrong happens to any prominent industrialist in India, it would cause loss to the economic security of the nation to some extent… But in that case also, it would not come within the ambit of Section 15 of UAPA, as damage to economic security and to monetary stability of India to come in the Section, has to be by way of ‘production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of any other material’ and not by way of threatening any industrialist for extortion C BI corruption case: Following allegations by ex-Mumbai CP Param Bir Singh, CBI filed an FIR in April 2021. Former home minister Anil Deshmukh allegedly instructed Waze to collect Rs 100 crore per month from bars and establishments in city. In June 2022 Waze was granted pardon after he turned approver and is now prosecution witness E D case: On May 11, 2021, based on CBI FIR, ED registered money laundering case against Waze, Deshmukh, his PA Kundan Shinde and PS Sanjeev Palande and others. In June 2022, ED had backed Waze’s pardon after he provided 4 statements naming Deshmukh as mastermind. In 2023, ED withdrew its initial consent for Waze’s pardon. In Oct 2024 a special court formally rejected Waze’s plea to turn approver.
The judge noted that it is not so that NIA does not know or understand the importance of prompt recording of statements during investigation.
Special judge Chakor S Baviskar said that the NIA’s terror case notwithstanding, facts say otherwise and that 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. “No one knows which Muhurat the investigating agency is waiting for to record statements of any of the targets of the alleged terror, after such a long gap of 5-6 years,” the court said. It added the failure to record statements of the alleged targets was “precarious to the credibility of the prosecution case”. “Still it did not record, not due to incompetence or ignorance but perhaps for some sort of constraint and limitation to do so,” the judge said. Describing the witness as “trifling in relation to the facts of the case,” the judge noted that the man only claimed to be shocked after later learning about the explosives. Calling the testimony “quite ditzy,” the judge said, “Let it be. In every such case, he cannot be said to have been intentionally terrorized by another.
It also pointed out no member of the Ambani family had lodged a complaint or given a statement during investigation. The NIA moved court to stay the bail order. The court, however, rejected the plea. The NIA is likely to move Bombay high court. The court also noted that the defence had argued that gelatin sticks without a detonator or fuse were insufficient to invoke the terror provision, and that the prosecution had not successfully countered this. To prove terror, the prosecution relied on a single witness, a local shop salesman who claimed he was shocked on learning about the explosives six months later. “A person of weak personality may get frightened or shocked by anything. In commission of the terrorist act, intention of the accused is important and not the undesired, unforeseen consequences which were never expected, nor even remotely intended by the accused. Waze admitted he collected illicit funds from bar owners on Deshmukh’s orders. He will be tried with other accused