A Division Bench of the Bombay High Court, comprising Justice Girish Kulkarni and Justice Dr Neela Gokhale, on November 5 set aside the bail granted by a special court to former police officer Sachin Waze, a prime accused in the Antilia bomb scare case and the murder of businessman Mansukh Hiren. The bench allowed the appeal filed by the National Investigation Agency (NIA), holding that the special court's order suffered from legal infirmities. The detailed judgment is awaited.
What was the basis for the High Court setting aside Sachin Waze's bail?
The High Court found the special court's reasoning flawed, particularly its observation that the Ambani family continued their routine without terror. The bench accepted the NIA's argument that the gravity of the offences under the UAPA and the evidence of a deep-rooted conspiracy warranted rejection of bail.
The case originates from the recovery of an explosives-laden Scorpio vehicle near the residence of industrialist Mukesh Ambani on February 25, 2021, accompanied by a threat letter. Mansukh Hiren, who had claimed the vehicle was stolen from his possession a week earlier, was found dead in a creek in Thane on March 5, 2021. The NIA alleged that Waze orchestrated the conspiracy to re-establish his reputation as a 'super cop' by creating a terror scenario.
During the bail proceedings before the special court, Waze relied on the ground of long incarceration and supported the lower court's reasoning. The special court had noted that there was nothing on record to demonstrate that any member of the Ambani family was actually terrorised, given their continued routine. The High Court, however, disagreed with this assessment while allowing the NIA's appeal.
The NIA highlighted Waze's alleged unexplained wealth, pointing out that he owned more than five high-end vehicles and had stayed in a five-star hotel for over 100 days despite a monthly salary of approximately Rs 90,000. The agency further submitted that Waze was directly involved in planting the explosives and in the subsequent murder of Hiren. According to the NIA, the perpetrators of Hiren's murder contacted Waze and former encounter specialist Pradeep Sharma immediately after the killing on March 4, 2021. Waze was arrested on March 13, 2021.
The investigation was initially handled by Waze himself in his capacity as an officer of the Crime Intelligence Unit. It was subsequently transferred to the Maharashtra Anti-Terrorism Squad and then to the NIA in March 2021. The agency has since arrested several co-accused, including Constable Vinayak Shinde, bookie Naresh Gore, Assistant Police Inspector Riyazuddin Qazi, and Sunil Mane. All accused have been booked for murder and under relevant provisions of the Unlawful Activities (Prevention) Act (UAPA).
Comparison of Special Court and High Court Findings
Aspect | Special Court Observation | High Court Ruling |
|---|---|---|
Impact on Ambani Family | No evidence family was terrorised; routine continued | Rejected this reasoning as flawed basis for bail |
Grounds for Bail | Granted bail citing lack of terror evidence and incarceration | Quashed bail; allowed NIA appeal |
NIA Submissions on Wealth | Not addressed as primary factor | Accepted relevance of unexplained assets to conspiracy |
Statutory Framework | Applied standard bail considerations | Emphasised rigour of UAPA provisions |
The High Court's operative order quashing the special court's decision ensures Waze continues to remain in judicial custody pending trial. The detailed reasons for the judgment will clarify the specific legal principles applied regarding the standard of proof required at the bail stage under the UAPA and the appreciation of circumstantial evidence in conspiracy cases.