Bombay High Court Stays Ex-Police Officer Sachin Waze's Bail In Antilia Bomb Scare Case

The special court has made unnecessary observations like asking if the National Investigation Agency was waiting for a "muhurat" (special occasion) to record statements of industrialist Mukesh Ambani's family and that they were enjoying their lives despite the alleged terror threat, Additional Solicitor General Anil Singh argued.

Waze is currently lodged in the Thane Central Prison, and his bail formalities, following the special court order on Tuesday, were yet to be completed.

A bench of Justice Girish Kulkarni and Justice Neela Gokhale posted for October 7 the appeal filed by the NIA challenging the special court order and issued notice to Waze.

"We are granting an ad-interim stay on the September 29 order passed by the special court. The state authorities shall immediately convey our order to the concerned jail authorities," the Court said.

The High Court passed the order after briefly hearing Additional Solicitor General Anil Singh, appearing for the NIA, who said the special court had erred in granting Waze bail.

Waze is yet to be released from jail as the formalities are not yet completed.

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. He was subsequently made an accused in a corruption case being probed by the CBI and Enforcement Directorate. Waze has already been granted bail in the corruption case.

Earlier on Wednesday, a bench of Justice Bharati Dangre and Justice Ashish Chavan had recused from hearing the plea, following which the NIA moved the other bench.

Singh told the bench headed by Justice Kulkarni that Waze was charged under serious offences and the special court has "totally gone wrong" in granting him bail.

"Waze had planted an explosives-laden car near the residence of an industrialist with an intent to create terror in the society. He is also accused of killing a person," Singh said.

He further questioned the special court's observations in the order copy wherein it lambasted the NIA for not recording the statements of any of the Ambani family members.

"The NIA has recorded the statements of three persons who are in charge of the security of the Ambani family. The special court has made unnecessary observations like asking if the NIA was waiting for a 'muhurat' (special occasion) to record the Ambanis' statements and also that the Ambani family was enjoying their lives despite the alleged terror threat," Singh said.

The High Court, after hearing the arguments, said it was granting an ad-interim stay on the special court order.

"Having heard the additional solicitor general and having perused the impugned order, we are inclined to grant an ad-interim stay. The order shall be conveyed immediately to the jail authorities," the High Court said.

On Tuesday, soon after the special NIA court granted bail to Waze, the agency moved the HC and mentioned the appeal before a bench headed by Justice Sarang Kotwal.

The bench, however, recused itself, following which the appeal was placed before the bench headed by Justice Dangre on Wednesday, which too recused itself.

The special court, in its order, had come down heavily on the central agency and questioned it as to what "muhurat" it was waiting for to record the statements of the alleged targets in the Antilia bomb scare case.

To date, the NIA has not recorded the statement of any member of industrialist Mukesh Ambani's family to prove that they were terrorised by the alleged act of parking of an SUV with explosives near their south Mumbai residence 'Antilia', the Court said in its order.

The NIA, in its appeal, sought the High Court 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 Sessions Court had said the NIA failed to establish a prima facie case of terrorism under the stringent Unlawful Activities (Prevention) Act (UAPA) against Waze, and that there was no evidence on record to prove Ambani's family was terrorised by his alleged act.