The Bombay High Court on Thursday cancelled the bail granted to dismissed Mumbai Police officer Sachin Waze in the 2021 Antilia bomb scare and businessman Mansukh Hiran murder case, allowing an appeal filed by the National Investigation Agency (NIA).
A division bench of Justices Girish S Kulkarni and Neela Gokhale set aside the September 29 order of a special NIA court that had granted bail to Waze, who has been in custody since March 2021.
"The impugned order is quashed and set aside," the bench observed while allowing the central agency's appeal.
With the High Court overturning the special court's decision, Waze will continue to remain lodged at Thane Central Prison. The detailed judgment explaining the reasons for cancelling his bail is awaited.
๐ก๐๐ ๐ต๐ฎ๐ฑ ๐ฐ๐ต๐ฎ๐น๐น๐ฒ๐ป๐ด๐ฒ๐ฑ ๐ฏ๐ฎ๐ถ๐น
The special NIA court had granted Waze bail on September 29, observing that the prosecution had failed to establish a prima facie case of terrorism against him under the Unlawful Activities (Prevention) Act (UAPA).
The trial court had questioned whether the alleged act amounted to a terrorist offence under Section 15 of the UAPA and noted the absence of evidence demonstrating that industrialist Mukesh Ambani or his family members had been terrorised by the incident.
It had also considered Waze's prolonged incarceration and the bail granted to other accused in the case.
However, the NIA immediately approached the Bombay High Court, challenging the order as erroneous and contrary to the evidence collected during the investigation.
The High Court stayed the bail order on September 30, preventing Waze's release while the agency's appeal remained pending.
After hearing arguments from both sides, the bench reserved its verdict on October 16 before pronouncing its decision on Thursday.
๐๐ด๐ฒ๐ป๐ฐ๐ ๐พ๐๐ฒ๐๐๐ถ๐ผ๐ป๐ฒ๐ฑ ๐๐ฟ๐ถ๐ฎ๐น ๐ฐ๐ผ๐๐ฟ๐
Appearing for the NIA, Additional Solicitor General Anil Singh argued that the special court had failed to properly appreciate the chargesheet and the material collected against Waze.
The agency maintained that the accused had allegedly orchestrated the placement of an explosives-laden vehicle near Ambani's residence as part of a conspiracy intended to create fear and facilitate extortion.
It also challenged the special court's observations regarding the absence of statements from members of the Ambani family, pointing out that statements from security personnel at Antilia had been recorded.
The NIA contended that the seriousness of the allegations, including murder and offences under the UAPA, warranted Waze's continued detention.
The agency further argued that the trial court had incorrectly assessed the applicability of the stringent bail restrictions under Section 43D(5) of the UAPA.
Waze's counsel, senior advocate V M Thorat, opposed the appeal and maintained that the alleged placement of explosives without a detonator did not constitute a terrorist act under the law.
The defence argued that the prosecution's allegations, even if accepted for the purpose of considering bail, did not establish an intention to terrorise the general public.
It also cited Waze's lengthy incarceration and the release of other accused while seeking to uphold the special court's decision.
๐๐ป๐๐ถ๐น๐ถ๐ฎ ๐ฏ๐ผ๐บ๐ฏ ๐๐ฐ๐ฎ๐ฟ๐ฒ ๐ฐ๐ฎ๐๐ฒ
The case dates back to February 25, 2021, when a Mahindra Scorpio SUV containing 20 gelatin sticks and a threatening letter was discovered near Antilia, the south Mumbai residence of industrialist Mukesh Ambani.
The vehicle had been in the possession of Thane-based businessman Mansukh Hiran, who had reported it stolen days before it was found outside the residence.
On March 5, 2021, Hiran's body was recovered from a creek in Thane, prompting a separate murder investigation.
The NIA subsequently took over the investigation into the explosives scare and examined the alleged connection between the vehicle's placement and Hiran's death.
According to the agency, Waze, who was then serving as an assistant police inspector with the Mumbai Police Crime Branch, had allegedly parked the explosives-laden SUV near Antilia as part of a larger conspiracy.
Investigators claimed that the incident was intended to create a high-profile security scare that Waze could subsequently resolve to enhance his reputation as a police officer.
The agency further alleged that Hiran was killed after he refused to accept responsibility for the vehicle's placement.
These allegations remain subject to trial.
๐ช๐ฎ๐๐ฒ ๐ฎ๐ฟ๐ฟ๐ฒ๐๐๐ฒ๐ฑ ๐ถ๐ป ๐ฎ๐ฌ๐ฎ๐ญ
Waze was arrested by the NIA on March 13, 2021, and subsequently named as an accused in the Antilia bomb scare and Hiran murder case.
The agency filed a chargesheet against Waze and several others, including former police officer Pradeep Sharma, alleging their involvement at different stages of the conspiracy.
The accused were booked under provisions of the Indian Penal Code, UAPA, Arms Act and Explosive Substances Act.
Waze was also implicated in a separate corruption case investigated by the Central Bureau of Investigation and the Enforcement Directorate. He has been granted bail in that case.
In the Antilia case, the special NIA court had granted him regular bail in September 2026, more than five years after his arrest.
However, the NIA's successful challenge before the High Court has now reversed that relief.
The criminal proceedings against Waze and the other accused will continue before the special court, while the High Court's detailed order is expected to clarify the legal grounds for setting aside the earlier bail decision.