A special National Investigation Agency (NIA) court in Mumbai has granted bail to former police officer Sachin Waze in the 2021 Antilia bomb scare and Mansukh Hiran murder case.
NIA sought a stay on the order, however, the same was rejected by the special court.
In the order of September 29, special judge Chakor S Baviskar questioned the applicability of terrorism charges under the Unlawful Activities (Prevention) Act (UAPA).
The court found a significant flaw in the prosecution's case regarding the explosives-laden SUV parked near Mukesh Ambani's residence. It noted a complete absence of witness statements from the Ambani family.
“The prosecution is not coming up with any specific case that, exactly in whose mind accused Sachin (Waze) wanted to create terror... Even if we suppose on ourselves that, he wanted to create terror in the minds of Ambanis, it is impossible to accept that, any such terror was in fact ever created in the mind of anyone, least in the minds of Ambanis. Because till this moment, there is no statement recorded under section 161 or section 164 of the Code of Criminal Procedure, 1973 of any of the family members of the Ambanis, nor of their near and dear relatives,” the judge added.
The judge severely criticised the NIA for failing to examine the victims.
“Whatsoever the reasons may be for not recording the statements of any of the family members of the Ambanis, it is certainly precarious to the credibility of the prosecution case."
The court observed that after the incident, the target and other family members are very much available generally and easily.
“Office of the Investigating Agency i.e. of the NIA and the Antilia, i.e. residence of the Ambanis, are literally just wall to wall adjacent!” the judge said.
He added that this lapse must be viewed with great pity if it is not outright incompetence.
The prosecution alleged that Waze parked an explosive-laden SUV near Mukesh Ambani's residence to extort money and restore his reputation. Subsequent events led to the murder of Mansukh Hiran because he refused to take the blame.
The court acknowledged the homicidal death, but concluded that the murder was not a direct outcome of a terrorist act.
It highlighted that key co-accused Pradeep Sharma and Sunil Mane had already secured bail. The parity principle heavily favored Waze, who has been incarcerated since his March 2021 arrest.
The court ordered Waze to execute a personal bond of ₹1 lakh with a local surety. The order bars him from Brihan Mumbai, Navi Mumbai, Raigad, Thane and Palghar until material witness evidence is recorded.
Advocates Sajal Yadav and Arti Kalekar appeared for Waze.
Special Public Prosecutor Sunil Gonsalves represented the NIA.
[Read order]