Court to decide on NIA plea on charge-sheet, Waze's default bail tomorrow

A special court here will on Thursday pass an order on NIA's application seeking one-month extension to file a charge-sheet in the Antilia bomb scare-Mansukh Hiran murder case and also decide on a default bail plea of dismissed police officer Sachin Waze, who appeared in the court through video link on Wednesday.

Waze, an accused in the case, is currently in jail under judicial custody.

The court had, on June 9, granted an extension of two months to the National Investigation Agency (NIA) to file its charge-sheet.

The probe agency has sought another extension, saying investigation into the high-profile case was still underway. On Tuesday, the NIA had argued in the court on its plea seeking one-month extension to file the charge-sheet.

Waze has sought bail on the ground that the probe agency has failed to file the charge-sheet within the stipulated time (90 days), making him eligible for bail by default. The former Assistant Police Inspector was arrested on March 13 and is currently lodged in the Taloja central jail in Navi Mumbai.

Waze, on Wednesday, argued for his bail in-person from the jail through video conferencing.

Citing an order in a case where he was an investigating officer, Waze submitted in the court that the when a person is arrested, the original offence under which he was booked is counted for filing the charge-sheet and not the charges added at a later stage.

In Waze's case, he was initially arrested under relevant sections of the IPC and provisions of the Unlawful Activities (Prevention) Act (UAPA) were added against him later.

Therefore, the stipulated period of 180 days for filing a charge-sheet under the UAPA was not applicable to him, he argued.

He was, thus, entitled for default bail on the 91st day of his arrest under CrPc section 167, Waze submitted. After hearing NIA arguments on Tuesday and those of Waze on Wednesday, the court said it will give its orders on both pleas on Thursday.

This is Waze's second attempt to seek a default bail. The court had rejected a similar plea of his in June. Besides Waze, former encounter specialist Pradeep Sharma and a few other ex-policemen are also accused in the case. The case relates to recovery of an explosives-laden SUV near the south Mumbai home of industrialist Mukesh Ambani on February 25. Thane-based businessman Mansukh Hiran, who had claimed he was in possession of the SUV, was found dead in a creek in Thane on March 5.