A special NIA court has granted bail to dismissed Mumbai police officer Sachin Waze in the Antilia explosives scare and Mansukh Hiran murder case, nearly five years after he was taken into custody, while barring him from entering Mumbai and four adjoining districts until key witnesses are examined.
Special Judge Chakor S Baviskar allowed Waze’s plea after observing that the material in the charge-sheet was sufficient to frame charges but not enough to deny bail at this stage. The court said the evidence required more serious evaluation for bail than at the charge-framing stage.
The order questioned the absence of statements from members of the Ambani family or their close relatives, who were the alleged targets of the explosives scare. “There is literaly no iota of material to show any demand of money by this applicant/accused Sachin (A/1) to the Ambanis. Not a whit,” the court observed, according to the order reported by Times of India.
The case began after a Mahindra Scorpio was found parked near Shikhar Kunj on Carmichael Road, close to Antilia, the residence of Mukesh Ambani and his family. The vehicle allegedly contained 20 gelatin sticks and a threat note. The Scorpio had earlier been reported stolen by businessman Mansukh Hiran, who later went missing. His body was subsequently found in a creek near Retibunder.
An accidental death report concerning Hiran was later converted into a murder case following allegations of foul play, including allegations made by his wife against Waze. The National Investigation Agency alleged that Waze and others had created a conspiracy involving the vehicle, explosives and threat note, and that Hiran was killed because he could expose the alleged plot.
The court said the prosecution’s theory of a terrorist act depended substantially on the allegation that the accused intended to create fear among the Ambani family. It held that the material before it did not prima facie establish a threat to India’s unity, integrity, security, economic security or sovereignty under the Unlawful Activities (Prevention) Act. The judge also observed that the statutory reference to “people or any section of the people” would not ordinarily cover a single family or its members.
The court further noted that the gelatin sticks allegedly found in the vehicle did not have a detonator or fuse, and that the prosecution had not successfully countered the argument concerning their use in invoking the terror provision. It also rejected reliance on a shop salesman’s statement, observing that the witness had described being shocked after learning that explosives had been found, rather than providing evidence of the accused’s intention.
On the murder charge, the court accepted that Hiran’s death was homicidal but said the evidence against Waze was circumstantial. It also referred to the bail granted to dismissed police officers Pradeep Sharma and Sunil Mane, who were described in the order as being more directly involved in the alleged murder, and held that Waze was entitled to some extent to parity.
The NIA opposed bail, arguing that Waze was the main accused and that his release could lead to witness intimidation, evidence tampering or flight. The court rejected those concerns, noting that the evidence had already been collected and that there was no material supporting the fear that Waze would flee.
Waze must be released on a personal bond of Rs 1 lakh with a local solvent surety of the same amount. He must surrender his passport, or submit an affidavit stating that he does not possess one. Until material witnesses are examined, he cannot reside in or enter Mumbai, Navi Mumbai, Raigad, Thane or Palghar except to attend court proceedings.
He must provide the court and the NIA with an address outside those districts, keep his mobile phone active, report every Sunday to the police station in the area where he resides, respond to calls or video calls from the NIA or local police, and avoid contact with witnesses or their relatives. The court warned that violating any condition would invite legal consequences.
