Court Grants Sachin Waze Bail in 2021 Antilia Bomb Scare Case
A Mumbai sessions court has granted bail to former police officer Sachin Waze in the 2021 Antilia bomb scare and Mansukh Hiran murder case, holding that the NIA failed to establish a prima facie case under UAPA.
A sessions court in Mumbai on Tuesday granted bail to former police officer Sachin Waze in the 2021 Antilia bomb scare and Mansukh Hiran murder case, holding that the National Investigation Agency had not placed on record any material to show that industrialist Mukesh Ambani's family was terrorised by the alleged act.
Special Sessions Judge Chakor S Baviskar questioned why the agency had still not recorded the statements of the alleged targets of the conspiracy, asking which auspicious moment it was waiting for five to six years after the explosives were parked. The court observed that there was nothing on record to suggest, even remotely, that the Ambanis or any of them had ever been terrorised, and that their day-to-day affairs did not appear to have been disturbed even briefly.
The judge held that the prosecution had failed to establish a prima facie case of terrorism under the Unlawful Activities (Prevention) Act. Even if Waze had intended to create fear in the minds of the Ambanis, the court said, it was impossible to accept that any such terror was actually created.
The court also pointed to the nature of the explosives recovered. The gelatin sticks found in the SUV parked near the Ambani residence 'Antilia' in south Mumbai lacked detonators, making them useless and falling short of the "means" required to define a terrorist act under Section 15 of the UAPA.
On the death of businessman Mansukh Hiran, the court held that while it was a homicidal death, it was not the direct result of a terrorist act. It was an independent offence under Section 302 of the Indian Penal Code, to which the stringent bail restrictions under the UAPA would not apply.
The prosecution had alleged that Waze and others formed a "terrorist gang" and entered into a criminal conspiracy. An SUV carrying explosives was found near Ambani's residence on February 25, 2021. Hiran, who had possession of the vehicle before it was allegedly stolen, was found dead in a creek in neighbouring Thane on March 5, 2021.
Waze was arrested by the NIA on March 13, 2021, and was later named an accused in a corruption case probed by the CBI and the Enforcement Directorate. He has already secured bail in that matter. His lawyer said the formalities for his release memo were being completed and he was expected to walk out of prison on Wednesday after five years.