Background
A special NIA court in Mumbai had granted Waze bail on September 29 after considering, among other factors, his prolonged incarceration and the prosecution's case concerning the explosives-laden vehicle found near Antilia, the residence of industrialist Mukesh Ambani. The special court had also questioned the applicability of terrorism provisions under the Unlawful Activities (Prevention) Act (UAPA).
The NIA challenged that decision before the High Court. The agency disputed the special court's observations concerning the absence of statements from the Ambani family and relied on statements recorded from security personnel stationed at Antilia.
The appeal was heard by a Division Bench comprising Justice Girish Kulkarni and Justice Dr Neela Gokhale. The matter reached this Bench after three other judges had recused themselves from hearing the NIA's challenge.
The High Court, at this stage, did not finally decide the NIA's appeal. Instead, it stayed the operation of the special court's bail order and directed that the matter be taken up again in October.
The Bombay High Court stayed the special court's bail order granting relief to Sachin Waze. The Bench listed the NIA's appeal for further hearing in the first week of October.
Consequently, the special court's bail order remains stayed pending further proceedings before the High Court.
