Bombay High Court stays Sachin Waze’s bail in Antilia bomb scare case

• High court grants an ad-interim stay on the 29 September order giving Sachin Waze bail

• NIA challenges the special court’s findings on terrorism charges and its criticism of the investigation

• Waze remains in custody, with the agency’s appeal scheduled for hearing on 7 October

The Bombay High Court on Wednesday stayed a special court’s order granting bail to dismissed police officer Sachin Waze in the 2021 Antilia bomb scare and Mansukh Hiran killing case, following an appeal by the National Investigation Agency (NIA).

A bench of Justices Girish Kulkarni and Neela Gokhale granted an ad-interim stay on the 29 September bail order, issued notice to Waze and listed the appeal for 7 October. It directed the state authorities to immediately communicate the decision to the jail authorities.

Waze remains lodged in Thane Central Prison. The formalities for his release had not been completed when the High Court intervened.

Appearing for the NIA, Additional Solicitor General Anil Singh argued that the special court had erred in granting bail despite the seriousness of the charges. He told the bench that Waze was accused of placing an explosives-laden vehicle near industrialist Mukesh Ambani’s residence to create terror and of killing Hiran.

The agency’s appeal seeks to overturn the bail order, describing it as legally flawed.

The special court had held that the NIA failed to establish a prima facie case of terrorism against Waze under the Unlawful Activities (Prevention) Act. It also said there was no evidence on record showing that the Ambani family had been terrorised by the placement of the SUV near their residence.

In its order, the special court criticised the agency for not recording statements from any member of the family. It questioned what “muhurat” the investigators were awaiting to examine the people identified as the alleged targets.

Singh challenged those observations, telling the high court that investigators had recorded statements from three people responsible for the family’s security. He also objected to the special court’s remarks about the family continuing to enjoy their lives despite the purported threat.

After briefly hearing the NIA’s arguments and examining the bail order, the high court granted the temporary stay.

The appeal reached the bench after two earlier recusals. The NIA had approached the high court on Tuesday, shortly after bail was granted, but a bench headed by justice Sarang Kotwal recused itself. On Wednesday, justices Bharati Dangre and Ashish Chavan also withdrew from hearing the matter, following which the agency approached the bench headed by justice Kulkarni.

The case dates to 25 February 2021, when an SUV containing explosives was found near Antilia in south Mumbai. Hiran, who had possession of the vehicle before it was reported stolen, was found dead in a creek in neighbouring Thane on 5 March.

The NIA arrested Waze on 13 March 2021, in connection with the bomb scare and Hiran’s killing.

He was subsequently named as an accused in a separate corruption case investigated by the Central Bureau of Investigation and the Enforcement Directorate. He has already secured bail in that case.

With PTI inputs