Ex-Cop Sachin Waze Moves Bombay High Court Seeking Interim Bail In Antilia Bomb Scare Case

Waze was arrested by the National Investigation Agency (NIA) on 13 March 2021 for allegedly placing an explosive-laden vehicle near Mukesh Ambanis's residence Antilia in Mumbai. He was charged under Sections 16 and 18 of UAPA for the commission of terrorist activities.

Waze moved a petition before the Bombay High Court on 24 April 2024 seeking a habeas corpus relief for his alleged illegal detention.

He filed the present interim application seeking release from custody till the disposal of the petition. His application states that his petition was heard on 19 August and the Court had issued notice. Subsequently, the matter was listed on a couple of occasions but could not be heard.

Waze alleges gross violation of his fundamental rights since his arrest. He states that his trial has not commenced since 1395 days approximately.

He submits that the procedure established for remand of custody as per Section 309(2) has not been followed in his case. He alleges that a wrong presiding officer/authority remanded him to custody, thus making his detention illegal.

Waze further alleges that his arrest was in violation of Section 45(2) CrPC. The provision provides that a class or category of member of the Armed Forces charged with the maintenance of public order as notified by the State government, cannot be arrested for anything done or purported to be done in the discharge of their official duties except after obtaining the consent of the Central Government.

The application also states that there was no valid order authorizing Waze's detention for a period of approximately 3 days after filing of the chargesheet. It is stated that the cognizance of the offence by the Special Court was taken in a mechanical manner, in the absence of the entire record before it.

Waze thus pleads that he be released on interim bail pending the disposal of the petition.