The NIA’s challenge to the bail granted to dismissed police officer Sachin Waze in the Antilia bomb scare case has now been turned away by two Division Benches of the Bombay High Court in as many days, with three judges citing their earlier links to connected cases or to Waze’s counsel.
Mumbai: Three judges of the Bombay High Court have recused from hearing the National Investigation Agency’s appeal against a special court’s order granting bail to dismissed Mumbai police officer Sachin Waze in the 2021 Antilia bomb scare case.
On Wednesday, September 30, a Division Bench of Justice Bharati Dangre and Justice Ashish Chavan recused from the matter, a day after a Bench of Justice Sarang Kotwal and Justice Ranjitsinha Raja Bhonsale, which holds the roster for NIA appeals, declined to take it up.
Justice Dangre cites earlier recusal
The Dangre-Chavan Bench had allowed listing of the appeal on Tuesday evening. When it was called out on Wednesday, Justice Dangre said at the outset that she would not hear it, referring to a reasoned order she had passed earlier while recusing from Waze’s plea in a separate criminal case in which he is a co-accused with former Maharashtra Home Minister Anil Deshmukh.
Additional Solicitor General Anil Singh, appearing for the NIA, pointed out that the present appeal arose from a different case. Justice Dangre responded:
“I had passed an order specifically in this matter because this person was involved in some cases related to a minister (Anil Deshmukh)… so I think I should not hear it now and must recuse… I understand that this is a different matter but still there are connections here and there.”
Justice Dangre also disclosed that Justice Chavan was not inclined to hear the appeal, as he had appeared for the Central Bureau of Investigation in the Anil Deshmukh case. The Bench accordingly passed an order recusing from the matter.
Roster Bench stepped aside a day earlier
On Tuesday evening, the ASG had mentioned the appeal before the Bench of Justice Kotwal and Justice Bhonsale. That Bench also recused, with Justice Kotwal noting that Senior Advocate Manoj Mohite had earlier appeared for Waze and that he does not hear matters in which parties are represented by Mohite, with whom he was associated during his years at the Bar.
With three judges having stepped aside, the appeal awaits placement before another Bench.
Background of the case
The case relates to the explosives-laden vehicle found near industrialist Mukesh Ambani’s Mumbai residence, Antilia, in February 2021, and the connected death of businessman Mansukh Hiran. Waze was arrested by the NIA in March 2021. A special court recently granted him bail, and the NIA has appealed against that order. The allegations against Waze are yet to be proved at trial, and he is entitled to the presumption of innocence.
Case: Appeal by the National Investigation Agency against bail granted to Sachin Waze in the Antilia bomb scare case
Bench: Justice Bharati Dangre and Justice Ashish Chavan (recused September 30, 2026); Justice Sarang Kotwal and Justice Ranjitsinha Raja Bhonsale (recused September 29, 2026), Bombay High Court
Appearance: Additional Solicitor General Anil Singh for the NIA