Antilia Bomb Scare: HC Bench Recuses Itself from NIA Plea Challenging Ex-Cop Waze’s Bail
Justices Bharati Dangre and Ashish Chavan declined to hear the agency’s challenge to the special NIA court’s bail order, citing difficulties in taking up the matter.
MUMBAI, Sept 30: A division bench of the Bombay High Court on Wednesday recused itself from hearing the National Investigation Agency’s appeal against the grant of bail to dismissed police officer Sachin Waze in the 2021 Antilia bomb scare case.
The bench comprising Justices Bharati Dangre and Ashish Chavan said both judges had reasons that prevented them from hearing the matter and directed that the appeal be placed before another bench.
Justice Dangre said she had earlier recused herself from a petition filed by Waze because of a connection to the matter at that time. She observed that it would therefore not be appropriate for her to hear the NIA’s present challenge.
Justice Chavan also declined to hear the appeal without elaborating on his reasons.
During the proceedings, the bench asked whether Waze had been released from custody following the special NIA court’s bail order. Additional Solicitor General Anil Singh, appearing for the investigating agency, said the former officer had not yet walked out of jail.
The NIA approached the High Court on Tuesday, shortly after a special court dealing with NIA cases granted bail to Waze. The agency initially mentioned its appeal before a bench headed by Justice Sarang Kotwal.
That bench subsequently recused itself, following which the matter was placed before the Dangre-Chavan bench on Wednesday. With both judges now stepping aside, the NIA will have to seek assignment of the case to another division bench.
Singh told the court that the agency would now approach the Chief Justice of the Bombay High Court, who would decide which division bench should hear the appeal.
The case relates to the discovery of an SUV containing explosives near industrialist Mukesh Ambani’s residence, Antilia, in south Mumbai on February 25, 2021.
The vehicle was allegedly stolen, and businessman Mansukh Hiran, who had been in possession of the SUV, was found dead in a creek in neighbouring Thane on March 5 that year.
The NIA arrested Waze on March 13, 2021, as part of its investigation into the case. He was subsequently named as an accused in a separate corruption case investigated by the Central Bureau of Investigation and the Enforcement Directorate.
Waze has already secured bail in the corruption related case.
The NIA’s latest appeal against his bail in the Antilia case will now have to be assigned to a fresh bench before the High Court can consider the agency’s challenge.
