“Meritless applications, waste of Court’s time:" NIA Court rejects second default bail plea of dismissed Mumbai cop Sachin Waze in Antilia case

A Mumbai Court on Thursday rejected the default bail application filed by dismissed Mumbai cop Sachin Waze, prime accused in the case relating to an explosives-laden SUV which was found outside Mukesh Ambani’s residence and the connected death of businessman Mansukh Hiren..Waze sought release on bail on the ground that the National Investigation Agency (NIA) did not file a chargesheet against him within the stipulated time period.The Special NIA Court had granted additional time of 60 days to NIA to file their chargesheet against Waze and four others in June 2021. .On Tuesday, NIA moved the Court for another extension of 30 days to file their chargesheet. In view of this extension, Waze prayed for grant of default bail for second time. .Special Judge DE Kothalikar refused bail to Waze and co-accused Riyazuddin Kazi. The Special Judge also extended the time for filing of chargesheet. .He observed, that present application was in any case not maintainable as law does not entail hearing of default bail application before expiry of 90 days.Since the period of investigation was expected to be over on August 8, 2021, it deserves to be rejected. .Before parting with the order, the Special Judge observed that “this is a meritless application and due to hearing of such application precious time was wasted.” However, considering the fact that applicant (Waze) is in custody, the Court refrained from imposing costs. .He clarified that this order was a message to other meritless applications which may be submitted in the future to waste the Court’s time. .Arguing in person through video conference from Taloja Central Prison, Waze relied upon judgments of Bombay High Court to buttress his case. He stated that since the offences under the Unlawful Activities (Prevention) Act were not invoked in First Information Report or his first remand, the NIA should have filed a chargesheet within 90 days..Opposing Waze's plea, NIA stated that terror charges had been invoked in the case, as a prominent family had been terrorized to travel abroad. They also stated that there were 3-4 witnesses in the case who were scared to come forward to give statement. .Arguing in favour of their application for extension, NIA stated that the investigation in the present case was an enormous task as the accused, most of whom were policemen, were dodging the probe.They stated that the extended period of investigation had been utilised in the investigation against newly arrested co-accused persons. A detailed analysis of seized documents collected during the investigation was being conducted so far which was voluminous in nature, hence NIA sought for sufficient time to conduct a detailed probe for further analysis..Waze was arrested in connection with the case on February 25.An FIR was registered by the NIA on March 8 under Sections 286 (negligent conduct with explosive substance), 465 (punishment for forgery), 473 (counterfeit seal) and 506(2) (criminal intimidation) of the Indian Penal Code.Later, businessman Mansukh Hiren, who was the registered owner of the SUV, was found dead.Both Waze and Kazi are being interrogated by NIA in the case along with two other accused, Vinayak Shinde and Narayan Gor.