The Bombay high court on Wednesday temporarily stayed the order passed by the special National Investigation Agency (NIA) court on Tuesday granting bail to former Mumbai police officer Sachin Waze in the Antilia explosives case and the related murder of Thane trader Mansukh Hiren in 2021.
A division bench of Justices Girish Kulkarni and Dr. Neela Gokhale heard NIA’s arguments and stayed the bail order for the time being, while adjourning the matter for hearing next week. Rather, the facts appear otherwise.
Waze was arrested by the NIA on March 13, 2021, for allegedly planting an explosives-laden SUV outside the Altamount Road residence of Mukesh Ambani. The car that belonged to Mansukh Hiren had 20 gelatine sticks and a note that threatened to kill members of the Ambani family.
The court, in its bail order, said the prosecution had failed to establish exactly “whose mind the applicant/accused Sachin wanted to create terror… There is absolutely nothing on record even to infer by any stretch of imagination that the Ambanis or any one of them is/was, are/were ever terrorized in any manner. Day-to-day business of the Ambanis does not appear to have been disturbed even for a minute,” said judge Chakor Bawiskar.
However, the bench recused itself from hearing the matter, stating that Justice Kotwal was associated with senior advocate Manoj Mohite during his advocacy days, who had appeared for Waze in the matter earlier. After Waze was granted bail on Tuesday, the NIA moved the Bombay high court immediately challenging the special court’s order. The matter was first placed before a division bench of Justices Sarang Kotwal and Ranjitsinha Bhonsale on Tuesday.
“I will have to recuse myself from hearing the matter. I understand that this is a different matter but still there are connections here and there.
It should be placed before another bench”, she said.
