Mumbai, Sep 30 A division bench of the Bombay High Court on Wednesday recused itself from hearing an appeal filed by the National Investigation Agency (NIA) challenging a special court order granting bail to dismissed cop Sachin Waze in the 2021 Antilia bomb scare case.
A bench of Justices Bharati Dangre and Ashish Chavan said they both have difficulties hearing the appeal and hence said the matter shall be placed before another bench.
"Earlier, in another petition filed by this person (Waze), I had recused since there was some connection then. Hence, it would not be correct for me to hear this appeal," Justice Dangre said.
Justice Chavan also recused and said he cannot hear the matter.
The court asked if Waze had walked out of jail, to which Additional Solicitor General Anil Singh replied in the negative.
Waze, a key accused in the combined Antilia bomb scare and businessman Mansukh Hiran murder case, was expected to walk out of prison on Wednesday after nearly five years, his lawyer had said earlier.
On Tuesday, soon after the special NIA court granted bail to Waze, the agency moved the HC and mentioned the appeal before a bench headed by Justice Sarang Kotwal.
The bench, however, recused itself, following which the appeal was placed before the bench headed by Justice Dangre on Wednesday.
Singh, appearing for the NIA, said the agency would now have to approach the HC's Chief Justice, who would then assign the appeal for hearing to another division bench.
On February 25, 2021, an SUV with explosives inside was found near industrialist Mukesh Ambani's residence 'Antilia' in south Mumbai.
Businessman Mansukh Hiran, who was in possession of the SUV 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. He was subsequently made an accused in a corruption case being probed by the CBI and Enforcement Directorate.
Waze has already been granted bail in the corruption case.
On Tuesday, the special court, while granting bail to Waze, had come down heavily on the central agency and questioned it as to what "Muhurat" it was waiting for to record the statements of the alleged targets in the Antilia bomb scare case.
To date, the NIA has not recorded the statement of any member of industrialist Mukesh Ambani's family to prove that they were terrorised by the alleged act of parking of an SUV with explosives near their south Mumbai residence 'Antilia', the court said in its order.
The NIA, in its appeal, sought the HC to quash the special court order, terming it as "illegal and bad in law" and, by way of interim relief, sought for it to be stayed.
The sessions court had said the NIA failed to establish a prima facie case of terrorism under the stringent Unlawful Activities (Prevention) Act (UAPA) against Waze, and that there was no evidence on record to prove Ambani's family was terrorised by his alleged act.
Mumbai, Sep 30 A division bench of the Bombay High Court on Wednesday recused itself from hearing an appeal filed by the National Investigation Agency (NIA) challenging a special court order granting bail to dismissed cop Sachin Waze in the 2021 Antilia bomb scare case.
A bench of Justices Bharati Dangre and Ashish Chavan said they both have difficulties hearing the appeal and hence said the matter shall be placed before another bench.
"Earlier, in another petition filed by this person (Waze), I had recused since there was some connection then. Hence, it would not be correct for me to hear this appeal," Justice Dangre said.
Justice Chavan also recused and said he cannot hear the matter.
The court asked if Waze had walked out of jail, to which Additional Solicitor General Anil Singh replied in the negative.
On Tuesday, soon after the special NIA court granted bail to Waze, the agency moved the HC and mentioned the appeal before a bench headed by Justice Sarang Kotwal.
The bench, however, recused itself, following which the appeal was placed before the bench headed by Justice Dangre on Wednesday.
Singh, appearing for the NIA, said the agency would now have to approach the HC's Chief Justice, who would then assign the appeal for hearing to another division bench.
On February 25, 2021, an SUV with explosives inside was found near industrialist Mukesh Ambani's residence 'Antilia' in south Mumbai.
Businessman Mansukh Hiran, who was in possession of the SUV 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. He was subsequently made an accused in a corruption case being probed by the CBI and Enforcement Directorate.
Waze has already got bail in the corruption case.
