HC bench recuses from hearing ex-cop Sachin Waze's plea seeking release

A division bench of the Bombay High Court on Tuesday recused from hearing a petition filed by dismissed policeman Sachin Waze seeking bail in the CBI's corruption case also involving former Maharashtra home minister Anil Deshmukh.

Waze, who is in judicial custody, had sought to be released on bail, claiming he is an approver in the case and on grounds of parity as all the other accused are out on bail.

A division bench of Justices Bharati Dangre and Manjusha Deshpande had earlier this month briefly heard the petition and said it would pass order on the interim bail request first and then hear the petition finally.

 

However, on Tuesday, Justice Dangre recused from hearing the matter.

"I did not realise then that this matter also involves Anil Deshmukh. I cannot hear pleas related to this," Justice Dangre said without elaborating any further.

The petition will now be placed for hearing before another division bench.

Waze, in his plea, said keeping him in jail, even after he was declared an approver, was violative of fundamental rights.

The Central Bureau of Investigation (CBI) had opposed the plea, saying Waze had not yet deposed in the case and it would not be in the best interest of the case to release him on bail.

The former policeman was declared an approver by the special CBI court in June 2022.

Waze was arrested in March 2021 for his alleged role in the case of an explosives-laden vehicle found near industrialist Mukesh Ambani's residence in south Mumbai and the murder of Thane businessman Mansukh Hiran.

The high court, in April 2021, directed the CBI to conduct a preliminary inquiry into former police commissioner Param Bir Singh's allegations of corruption and misuse of official power against Deshmukh.

Based on this inquiry, the probe agency registered an FIR against Deshmukh, his associates and Waze.

Singh had alleged that Deshmukh, then a home minister, had directed police personnel to collect Rs 100 crore per month from restaurants and bars in the metropolis.

He had also alleged that Waze, who was suspended earlier after being accused in an alleged fake encounter case, was reinstated and was collecting money on Deshmukh's behalf.

The other accused in the case are Deshmukh's former aides, Sanjeev Palande and Kundan Shinde. All three are out on bail.