The Bombay High Court has set aside a previous order by a Special Court, effectively cancelling the bail granted to dismissed police officer Sachin Waze. The ruling ensures that Waze remains in custody at Thane Central Prison, where he faces charges for his alleged involvement in the 2021 Antilia bomb scare and the subsequent murder of vehicle owner Mansukh Hiren.
The High Court’s decision, which allowed Criminal Appeal No. 850/2026, overturns a lower court’s assessment that had questioned whether the placement of unprimed gelatin sticks outside a high-profile residence legally constituted an act of terror under Section 15 of the Unlawful Activities (Prevention) Act (UAPA). By ruling in favour of the National Investigation Agency, the High Court affirmed that staging such explosive threats to intimidate the public or specific individuals can, on a prima facie basis, trigger the stringent provisions of the UAPA.
Central to the High Court’s judgement was the assertion that Waze’s alleged actions represented a significant breach of public trust. Investigative reports suggest an extraordinary nexus, wherein a serving police officer purportedly placed an explosive-laden vehicle outside a high-profile residence. The intent behind this alleged act was to orchestrate a fake terror threat, facilitate extortion, and then solve the case himself to regain official influence. The court noted that such conduct by a state official under the guise of policing poses a severe challenge to both national security and public safety.
The ruling further reinforced the necessity of strict judicial scrutiny when evaluating evidence under anti-terror legislation. Under Section 43D(5) of the UAPA, statutory bail is to be denied if there are reasonable grounds to believe that the accusations against an individual are prima facie true. The High Court rejected the lower court’s narrow interpretation of the chargesheet, maintaining that the gravity of the allegations warranted continued incarceration.
Furthermore, the High Court validated the federal agency’s position that the Antilia bomb scare and the murder of Mansukh Hiren were not isolated incidents but were instead deeply interconnected components of a singular criminal conspiracy. The court viewed the elimination of the witness as an integral part of the overarching criminal enterprise, rather than a separate act of evidence destruction.
In addressing the legal arguments for release, the High Court distinguished Waze’s role from that of other co-accused who had previously secured bail. The judges explicitly highlighted Waze’s position as the primary conspirator and mastermind behind the operation. The ruling clarified that parity in judicial relief cannot be claimed automatically when an accused is found to have played a central, active role in the planning and execution of the core offences.
The immediate challenge mounted by the national investigative agency on the day of the Special Court’s initial order, paired with an interim stay granted by the High Court, successfully prevented Waze from being released from custody. This judicial outcome is considered significant for police governance and the accountability of law enforcement in Maharashtra. By ensuring that a former senior official remains in trial custody for alleged abuses of power, the decision reinforces the functional independence of national investigative bodies and maintains public confidence in the judicial process.
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