Bombay High Court
Sunil Dharma Mane vs National Investigating Agency And Anr on 18 November, 2024
Author: Prithviraj K. Chavan
Bench: Revati Mohite Dere, Prithviraj K. Chavan
2024:BHC-AS:43860-DB
316-2024-Appeal=.doc
Digitally
signed by
UDAY
UDAY SHIVAJI Uday S. Jagtap
SHIVAJI JAGTAP
JAGTAP Date:
2024.11.18
14:11:39
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 316 OF 2024
Sunil Dharma Mane
R/o. A-2101, Abrol Vastu Park,
Evershine Nagar, Malad (W),
Mumbai - 400 064
Currently lodged at Taloja Central
Prison, Navi Mumbai .. Appellant
Vs.
1. National Investigating Agency,
7th Floor, MTNL Telephone
Exchange Building, Pedder Road,
Cumballa Hill,
Mumbai - 400 026
2. The State of Maharashtra .. Respondents
....
Mr. Ashok P. Mundargi, Senior Counsel a/w Mr. Shailesh
Kantharia, Mr. Naghdeep Oak for the appellant
Mrs. Kranti T. Hiwrale, APP for the respondent - State
Mr. Sandesh Patil, Special P.P. a/w Mr. Chintan Shan, Mr.
Prithviraj Gole, Mr. Krishnakant Deshmukh, Mr. Shubhankar
Kulkarni for the respondent no.1 - NIA
1 of 51
::: Uploaded on - 18/11/2024 ::: Downloaded on - 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
Mr. Pravin Ingawale, SP NIA, Mumbai present
Mr. Pradip Bhale, Dy.S.P., NIA, Mumbai present
Mr. Nitin Pawar, Head Constable, NIA, Mumbai present
....
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, J.J.
CLOSED ON : 18 th OCTOBER, 2024
PRONOUNCED ON: 18th NOVEMBER,2024
JUDGMENT :
– (Per Prithviraj K. Chavan, J.)
1. Feeling aggrieved with and dis-satisfied by the rejection of
an application for bail, the applicant has preferred this Appeal
under Section 21 of the National Investigation Agency Act, 2008
(For short ‘NIA Act’).
2. Facts germane for disposal of the present appeal are
summarized as follows.
3. The appellant is a Senior Inspector of Police, who was
posted at Kandivali Crime Branch. He is the fifth accused out
of the ten accused presently chargesheeted in the case. The
appellant came to be arrested on 23.04.2021.
2 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
4. FIR No. 47 of 2021 (Theft FIR) was registered by one
Mansukh Hiran (victim) at Vikhroli Police Station, Mumbai on
18.02.2021 for the offence punishable under Section 379 of the
I.P.C. as his Mahindra Scorpio vehicle was stolen by someone.
The said FIR was transferred for further investigation to D.C.B.
C.I.D., Crime Branch on 26.02.2021 and came to be re-
numbered as 41 of 2021.
5. On 07.03.2021, the Anti Terrorist Squad (ATS),
Maharashtra took over the said investigation and re-numbered
the said FIR as 11 of 2021. The investigation of the said FIR
was handed over to the ATS, Vikhroli Unit.
6. Meanwhile, another FIR bearing No. 35 of 2021
(Explosives FIR) dated 25.02.2021 came to be registered at
Gamdevi Police Station, Mumbai for the alleged offences under
Sections 286, 465, 473, 506 (2) and 120B of the IPC as well as
under Section 4(a)(b)(i) of the Explosive Substances Act, 1908
after the concerned police station found 20 gelatin sticks in an
3 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
abandoned vehicle parked opposite Shikhar Kunj Building on
Carmichael Road, Mumbai, near the house of an Industrialist.
The FIR was transferred to Crime Branch, Mumbai and re-
numbered as 40 of 2021.
7. On 05.03.2021, the dead body of Mr. Mansukh Hiran was
found in Mumbra Creek. Pursuant thereto, an ADR bearing
No. 39 of 2021 was registered by Mumbra Police.
Simultaneously, during the pendency of the Explosives FIR, ATS
Maharashtra filed a fresh FIR No. 12 of 2021 on 07.03.2021 for
the offences punishable under Sections 302, 201, 34 r/w 120B of
the IPC against unknown persons in view of death of deceased
Mansukh Hiran and the same was investigated by the ATS.
8. Subsequently, the Government of India vide an order
dated 21.05.2021 directed National Investigation Agency (NIA)
to take up the investigation of Theft FIR, bearing No. 47 of
2021 originally registered with Vikhroli Police Station, Mumbai.
Again, by an order dated 08.03.2021 passed by the Government
of India, NIA took over the investigation of the original FIR No.
4 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
35 of 2021 registered with Gamdevi Police Station, Mumbai.
Accordingly, NIA re-numbered it as FIR No.
RC-01/2021/NIA/Mum for the offences punishable under
Sections 286, 465, 506(2) and 120B of the IPC r/w Section 4(a)
(b)(i) of the Explosive Substances Act, 1908. Subsequently, at
the request of NIA, Government of India, by an order dated
20.03.2021, expanded the scope of earlier order thereby
permitting the NIA to investigate the murder of the deceased
purportedly being connected with the offence registered under
the Explosive Substances Act.
9. In FIR 35 of 2021 registered with Gamdevi Police Station
on 25.02.2021 under Sections 286, 465, 473, 506(2) & 120B of
the IPC as well as under Section 4(a)(b)(i) of the Explosive
Substances Act as against unknown persons, 20 gelatin sticks
were found inside the Mahindra Scorpio vehicle, in a blue
coloured backpack having a logo of ‘ Mumbai Indians IPL’
alongwith a threat note purported to be addressed to the
industrialist and his wife (The wife of the industrialist is also an
owner of Mumbai Indian IPL team). The said backpack was
5 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
found in the same Mahindra Scorpio vehicle, in relation to
which, an FIR of theft was registered by the deceased Mansukh
Hiran. It is alleged that the vehicle was affixed with a fake
Number Plate, which was parked outside Shikhar Kunj Building,
Carmichael Road, Mumbai. Following 10 accused have been
chargesheeted by the NIA in its final report under Section 173 of
the Cr.P.C. :-
A1 - Sachin Waze
A2 - Naresh Ramniklal Gor
A3 - Vinayak Balasaheb Shinde @ Vinu
A4 - Riyazuddin Hisamuddin Kazi
A5 - the Appellant
A6 - Santosh Atmaram Shelar
A7 - Anand Pandurang Jadhav
A8 - Satish Tirupati Mothkuri @ Tanni
A9 - Manish Vashantbhai Soni
A10 - Pradeep Rameshwar Sharma @ PS
The final report cites as many as 323 witnesses and
numerous documents. Be that as it may.
10. The appellant has been chargesheeted for the offences
punishable under Sections 120B, 201, 302, 364 of the I.P.C. and
Sections 16, 18 and 20 of the Unlawful Activities (Prevention)
Act, 1967 (For short ‘UAP Act’) alongwith other accused.
Admittedly, investigation has not yet been fully completed,
6 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
inasmuch as, investigation under Section 173(8) of the Cr.P.C.
has been kept open.
11. During the course of investigation, it was found that A1
Sachin Waze alongwith the co-accused, including the appellant,
had committed heinous and serious offences attracting the
provisions of Sections 16, 18 and 20 of the UAP Act. It is the
case of the prosecution that the appellant willingly and / or
intentionally entered into a criminal conspiracy for committing
murder of deceased Mansukh Hiran alongwith A1 Sachin Waze
A10 Pradeep Sharma and others. It is alleged that alongwith A1
Sachin Waze and A10 Pradeep Sharma, the appellant attended
various meetings time and again at the office of the then
Commissioner of Police as well as at various other places.
12. The prosecution further alleged that the appellant played
an important role by calling the victim Mansukh Hiran through
a benami SIM card and a mobile phone, which was provided by
A1 Sachin Waze, thereby luring the victim to meet him at
Ghodbunder Road under the pretext of helping and transporting
7 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
him in a safe place to avoid his (victim’s) arrest in the case
relating to planting of explosive laden Mahindra Scorpio vehicle.
It is further alleged that the appellant drove a white coloured
Polo Car affixed with a fake number plate to handover the
victim to the killers, who were hired by A10 Pradeep Sharma
and were already waiting at a pre-decided spot. It is alleged that
the appellant tried to fabricate the evidence by taking over
mobile phone of deceased Mansukh Hiran before handing him
over in the custody of the hired killers at Ghodbunder Road,
Thane. The appellant thereafter switched off the said mobile
phone at a location far away from the place where the victim’s
custody was given to the hired killers. It is further alleged that
the appellant aided A1 Sachin Waze in destruction of evidence by
handing over the mobile phone of the victim to A1 Sachin Waze
and benami SIM card that were used by him for execution of the
murder of deceased Mansukh Hiran.
13. We heard Mr. Mundargi, learned Senior Counsel at a
considerable length. Mr. Mundargi would argue that there is no
iota of evidence to indicate the appellant as a member of any
criminal conspiracy alleged to have been hatched by the other
8 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
accused in committing the murder of the deceased. Merely
meeting the other officers does not amount to any conspiracy,
especially when there is absence of any corroborating or other
circumstance or any material indicating that the alleged meetings
were arranged for entering into a deep rooted conspiracy. Insofar
as the material in the form of Call Detail Record (CDR) is
concerned, Mr. Mundargi would argue that the CDR establishes
that the appellant left his office at 11.10 a.m. on 02.03.2021
while it is the case of the NIA that deceased Mansukh Hiran had
arrived at Office of the Commissioner of Police only after that.
Mr. Mundargi took us through the record as well as statements
of various witnesses by contending that the visit of the appellant
to the Office of the Commissioner of Police on 03.03.2021 was
to meet A.O. Ahilwar, Crime Branch Cell, to enquire about his
permission to travel to Maldives alongwith his family. The
appellant also met P.I. Kothmire, incharge of the Arms and
Ammunition Branch on the 6th floor of the Annex Building in the
Office of the Commissioner of Police to enquire about his gun
licence. Mr. Mundargi would argue that there is no material on
record to indicate that the appellant met the deceased or that
9 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
there was any communication between the deceased and the
appellant. There is no recovery or any forensic proof to
establish any case against the appellant. So far as CCTV footage
is concerned, learned Senior Counsel would argue that it would
only establish certain physical movements and not the purpose
or cause of the movements, as alleged to be a phone call from
the appellant. Even, there is no material relating to alleged fake
number plate affixed on the white coloured Polo Car nearby
Tavera vehicle. It is also urged that there is no material to
suggest that the appellant had handed over deceased Mansukh
Hiran to any person much less, any material to suggest that the
killers had seen the appellant or the car, which could have been
identified with its number plate. Mr. Mundargi would further
argue that there is absolutely no material placed by the
prosecution to indicate that the appellant was instructed by A1
Sachin Waze to call deceased Mansukh Hiran disguising himself
as Inspector Tawade, except the mere statement. Even, there is
no material placed in the chargesheet to suggest that appellant
was given a fake name as Inspector Tawade.
14. Mr. Mundargi would further argue that even the report of
10 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
the CFSL does not establish any connection of the appellant with
the crime in view of the DNA profile report. Nothing has been
recovered from the appellant in the form of SIM card or phone
or a chit. Learned Senior Counsel would further advance his
arguments on the aspect as regards the principles on which
circumstantial evidence as well as scope of Section 27 of the
Evidence Act and when it would be invoked. We are afraid,
while entertaining an appeal under Section 21 of the NIA Act,
these aspects cannot be gone into as they would be considered
only during trial on merits and not while considering an
application seeking release of the applicant on bail.
15. On the other hand, Mr. Sandesh Patil, learned Special
Public Prosecutor took us through statements of several
witnesses, documents coupled with two charts prima facie
establishing the link. The said charts are reproduced below to
better understand the link at a glance. :-
11 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc12 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
16. The specific allegations against the appellant from the
chargesheet tendered by the respondent no.1 NIA are as follows.
17. The CCTV footage of 04.03.2021 of Classic Car Decor
shop (shop owned by deceased Mansukh Hiran) establishes the
movement of deceased Mansukh Hiran on the said date after
receipt of phone call from the appellant. The same is
corroborated by CCTV footage of Vikas Palms Society, Thane,
13 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
where the deceased was residing. The record reveals that a
meeting was held on 02.03.2021 wherein A1 Sachin Waze and
the appellant alongwith A10 Pradeep Sharma were present. On
that day, A1 Sachin Waze had ensured the presence of deceased
Mansukh Hiran in his office so that he could be identified by the
appellant and A10 Pradeep Sharma. It further indicates that on
02.03.2021, A1 Sachin Waze met the appellant at Chakala,
Andheri (E) and handed over one white coloured Android
Mobile handset alongwith benami SIM card arranged by A2
Naresh Gor with instructions to activate the same at a location
far away from the home location of the appellant. However,
the said mobile handset was defective. On 03.03.2021 the
appellant went to the Office of the Commissioner of Police
compound and met A1 Sachin Waze and returned with a white
coloured Android phone. A1 Sachin Waze took the said mobile
phone and asked the appellant to meet him again in the evening
at Chakala. Both were together during night hours. A1 Sachin
Waze installed WhatsApp in a new blueish black mobile phone of
the appellant, namely Telefono mobile handset. After switching
it off, the said phone was handed over to the appellant by A1
14 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
Sachin Waze. A1 Sachin Waze instructed the appellant to use
the said mobile having benami SIM card for calling the deceased
Mansukh Hiran and meet him at a pre-decided place at Thane,
to handover Mansukh Hiran to the contract killers, who would
be waiting in a red coloured Tavera vehicle near Surekha Hotel,
Ghodbunder Road, Thane. A1 Sachin Waze also gave one small
chit to the appellant in which the registration number of the red
coloured Tavera alongwith the mobile number of Mansukh were
written. The chart depicted hereinabove indicates the aforesaid
facts. It also appears that in furtherance of the conspiracy on
03.03.2021 the appellant made a WhatsApp call to one of his
acquaintance and asked him to arrange one small vehicle for his
wife. As per the directions of the appellant, one white coloured
Volkswagen Polo Car bearing Registration No. MH-08-BS-8830
was handed over to the appellant. On 04.03.2021, the appellant
got the vehicle washed and serviced and instructed to replace the
original number plate. After commission of the crime, the
appellant modified the said vehicle and deleted all the contact
numbers in the mobile permanently. It is further alleged that the
appellant and A1 Sachin Waze lured Mansukh Hiran (deceased)
15 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
under the pretext of saving him from getting arrested and
interrogated. They informed him that Police Inspector Tawade
from Kandivali (which is a fake name given to the appellant)
would contact him and make necessary arrangements. It is
alleged that the appellant posing himself as Inspector Tawade
made a phone call on the mobile number of Mansukh on
WhatsApp from a benami SIM card provided by A1 Sachin Waze
and asked Mansukh to meet near Suraj Water Park, Ghodbunder
Road, Thane at 08:30 p.m. on 04.03.2021. Thereafter, it is
alleged that Mansukh left his shop and went home. He
informed his wife that he is going to Ghodbunder Road to meet
Police Officer Tawade from Kandivali. Mansukh Hiran took an
autorickshaw and reached near Suraj Water Park, where the
appellant was waiting in a white coloured Polo Car. Mansukh
occupied the front seat of the said car, after which the appellant
drove the car to Ghodbunder Road towards Fountain Hotel and
at around 09:15 p.m. they, reached near Surekha Hotel and
stopped the car. Around 09:22 p.m., a red coloured Tavera
approached the said spot and took U-turn and stopped opposite
Surekha Hotel on the other side of the road, facing towards
16 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
Thane. The appellant drove the Polo Car towards the Tavera.
At about 09:36 p.m., when the car reached near the red coloured
Tavera, the appellant directed Mansukh to handover his mobile
phone and go towards the red coloured Tavera, parked just
behind the Polo Car, saying that Tavera would take him to a safe
place.
18. Learned Special P.P. has shown us the said CCTV footage
on his iPad during the course of argument. Learned Special
Public Prosecutor would argue that all the CCTV footage
alongwith the SIM card and mobile handsets establish not only
the vehicle movement but also establishes inter se connection
between Mansukh Hiran (deceased) and the appellant, who
adopted the name, Inspector Tawade to conceal his identity and
also the link between A1 Sachin Waze and A10 Pradeep Sharma.
19. The Special P.P. also took us through the statements of
various witnesses namely, Meet Hiran (son of deceased),
Balmukund Soni, Vinod Hiran, Dr. Binu Varghese, Nandlal
Pandit, Mataprasad Gupta, Haresh Bhatia, Amin Harun
Kasmani, Ratnakar Kambl, Abhishek Nathani, Devendra More,
17 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
ACP Alankure, Nilesh Jain, Sameer Gawkar, Vimala Hiran as
well as witnesses KW01, KW02, KW03, KW04, KW05, KW06,
KW07, KW13, KW14, KW15, Kumar Katdare, Hemal Nandu,
Prakash Howal, Prashant Dhage, Avinash Shinde, Sanjay Shinde,
Santosh Mane, Milind More, Mahesh Shetty, Pravin Shetty,
Manas Maity and Kalpnath Giri etc.
20. Learned Special P.P. has also invited our attention to the
confession of A9 – Manish Soni, wherein the appellant disclosed
before the panchas that on 04.03.2021, he did not use any SIM
card nor his regular mobile bearing SIM No. 9870117295
inserted in iPhone 12. Instead, the appellant used Facetime
application in iPhone 11 Pro to call A1 Sachin Waze and this
fact was within the knowledge of the appellant. The appellant
had handed over the mobile phone during the disclosure
panchanama.
21. Learned Special P.P. has also invited our attention to the
impugned order wherein in para 23, the learned Special Judge
has rightly observed regarding material against the appellant
18 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
borne out from the statements of the material witnesses recorded
by the Investigating Agency and the substance of their
statements. It would be advantageous to extract the relevant
paras hereunder :-
“23. Perused application, say and charge-sheet. It is seen
that NIA has recorded statements of relevant witnesses and
they narrated as under :-
(i) Meet Hiran narrated that his mother told him that
accused no.1 had asked Mansukh to get arrested for 3 to 4
days and thereafter, he would get him released. In the
evening around 7.45 pm, Meet went to shop with Tiffin for his
father Mansukh. Mansukh told him to stay in the shop as he is
going to Ghodbunder to meet Police Officer Tawde.
(ii) Balmukund Soni narrated that on 04.03.2021, in the
evening about 08.30 pm, Mansukh had received one call on
his mobile, then, he told him that he is going to Ghodbunder
to meet an officer.
(iii) Vinod Hiran narrated that accused no.1 had advised
Mansukh to get arrested for 2 to 3 days and then he would get
him released on bail.
(iv) Ganesh Pawar narrated that on 05.03.2021 at about
12.13 to 13.30 hours, this applicant had come and met
accused no.1.
(v) Joseph narrated that in the month of February and
March,2021, this applicant had come to the office of
Commissioner of Police.
(vi) Upendra More narrated that on 03.03.2021, this
19 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
applicant had instructed his staff to deliver his personal bag to
his home.
(vii) ACP Alunkure narrated that on 03rd or 4th and 5th
March, 2021, applicant visited to the office of Commissioner
of Police and met accused no.1.
(viii) Protected Witness KW3 narrated on 03.03.2021,
applicant gave order for fake number plate with registration
numbers starting with MH-01, MH-02 and MH-04. On
04.03.2021, applicant demanded one number plate of having
Gujarat registration. He further narrated that as per the
directions of the applicant, the staff removed original number
plate of white color Volkswagen Polo vehiclel and affixed the
fake number plate. He further narrated that on 09.03.2021,
the said Polo vehicle was returned by one witness from
Kandivali Police Station.
(ix) Mr. Sameer Gaonkar narrated that on 03 rd March at
11.30 am, accused no.1 came in the office. At about 12.30
pm, Mansukh and Vinayak Shinde at 01.00 pm came in the
C.I.U. office. Mansukh met accused no.1 and left the office at
about 02.15 pm. After meeting with accused no.1, Vinayak
Shinde left office at 04.00 pm. Again, Mansukh came back to
C.I.U. office at 06.00 pm and left the office at 06.45 pm after
meeting with accused no.1. He also narrated that this
applicant also visited to C.I.U. office along with DCP Akbar
Pathan and Mahesh Shetty (Bar owner).
(x) Vimla Hiran narrated that accused no.1 and other two
co-accused hatched conspiracy and killed Mansukh since he
was not ready to take the blame of crime dated 25.02.2021.
(xi) Protected Witness KW4 narrated that on 03.03.2021,
applicant demanded Volkswagen Polo vehicle for 2 to 3 days
on the pretext that vehicle of his wife has been given for
servicing and accordingly, the vehicle was delivered. It was
parked in the building of the applicant was away and
20 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
therefore, keys of the car could not be obtained and therefore,
it was returned on 10th March.
(xii) Protected Witness KW.5 narrated that on 03.03.2021,
applicant called him on WhatsApp and asked for arranging
small vehicle for his wife. He brought the vehicle to the
applicant and then, applicant instructed him to arrange fake
number plates of MH and GJ passing. Accordingly, he
arranged the same and then, applicant removed original
number plate and fixed the duplicate number plate.
(xiii) Protected Witness KW.6 narrated that on 02.03.2021,
applicant asked him about the availability of heavy
material/object viz. Iron rod etc. in the store room so as to use
it for the purpose of tying it along the body of the gangster
while doing encounter. On 03.03.2021, applicant gave him a
white color smart phone (Intex Company handset) and asked
to check its condition and fixed the problem, if any. Applicant
had specifically told him not to go to Mumbai. At about 2.15
pm, applicant gave WhatsApp call and called him in C.P. office
compound along with the said device and charger. He went
there and handed over the same to accused no.1. He further
narrated that on 04.03.2021 at 05.30 pm, applicant requested
him to attend the calls on his mobile and in case he did not
return by 08.30 pm, then, to send all these bags, his phone
and Creta back to his home. Applicant did not return by 09.00
pm and therefore, he delivered his bag, phone and Creta at his
residence and handed over the keys of Creta to his wife.
(xiv) Protected Witness KW.7 narrated that on 03.03.2021,
applicant called him and told that he would be visiting the
said area on 04.03.2021 and would require a driver and
alternate vehicle to travel back to Mumbai. Applicant also
told him that he will be leaving his car near the office. On
04.03.2021, applicant made WhatApp call to him and gave
reminder again. Accordingly, he sent his car at about 10.30
pm with another witness, who dropped the applicant at his
residence. He also narrated that as per instructions of the
21 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
applicant the black sun film of the Polo car was removed and
fixed fake number plates.
(xv) Hemal Nandu narrated that on 03rd and 07th March,
applicant called him and asked to arrange the driver to collect
car and removed sun film of the car.
(xvi) Prashant Dhage narrated that on 04.03.2021, he was
present in the office and he did not see the applicant during
evening time.
(xvii) Avinash Shinde narrated that the applicant left
Kandivali Unit at 12.30 pm on 04.03.2021 without taking his
vehicle.
(xviii) Protected Witness KW.08 narrated that in the first week
of March 2021, he went and received the applicant. The
applicant gave directions to him to take vehicle. He also
brought applicant at his home at 1.00 am.”
22. Learned Special Judge has, therefore, rightly placed
reliance in the case of National Investigation Agency Vs. Zahoor
Watali 1 , wherein it has been held that in any case, the degree of
satisfaction to be recorded by the Court for opining that there
are reasonable grounds for believing that the accusation against
the accused is prima facie true, is lighter than the degree of
satisfaction to be recorded for considering a discharge
application. Admittedly, the application seeking discharge came
to be rejected by the Special Court on the basis of the material
1 (2019) 5 SCC 1
22 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
placed before it. At the time of rejecting an application seeking
discharge, the trial Court observed and noted prima facie
involvement of the appellant in the instant case. The prosecution
has placed sufficient material to prove the conspiracy between
the appellant and its culmination into the murder of deceased
Mansukh Hiran by A1 Sachin Waze alongwith other co-accused,
including the appellant.
23. There is also material on record, as already observed
hereinabove, in the form of CDR of the mobile phone used by
the appellant. Apart from that, there are several statements of
protected witnesses, which indicate presence of the appellant
alongwith A1 Sachin Waze. Deceased was killed by the accused
because of the Crime dated 25.02.2021. It is the basic story of
the prosecution that the act of parking of the explosive laden
Scorpio vehicle of the deceased and thereafter his murder, was a
well hatched conspiracy, which was meticulously planned, in
which several persons are involved and that the conspiracy was
executed by the accused persons with an intent to strike terror.
23 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
24. Learned Senior Counsel argued that though Mansukh
went missing on 04.03.2021, the appellant came to be arrested
on 23.04.2021 and was chargesheeted on 03.09.2021, that there
is no material in the form of last seen together, no evidence
under Section 27 of the Evidence Act, no mention in the
chargesheet to show conversation between the appellant and A1
Sachin Waze, there is no description of the number plate of
white Polo Car, the confession of A9 Manish Soni is before the
Judicial Officer, and there is nothing to show that the appellant
was also called as Inspector Tawade, from the overall material
placed on record, we are satisfied that the material is prima facie
sufficient to show the link and the role of the appellant as one of
the co-conspirators. It is well settled that at the stage of
considering the application for bail, defences cannot be looked
into. It is also pertinent to note that the appellant has not only
facing prosecution under the provisions of the Indian Penal Code
but under the stringent provisions of the Unlawful Activities
(Prevention) Act.
25. At this stage, it would be expedient to reproduce the
observations made by this Court while rejecting an application of
24 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
A10 Pradeep R. Sharma on the aspect of a larger conspiracy,
which are as under :-
“7.1 At the outset, we express some anguish in the manner
in which the NIA has investigated the charge of conspiracy of
parking of the Scorpio vehicle near the residence of a
prominent businessman and planting of gelatin sticks in the
said vehicle, on 24/25.02.2021.
7.2 We may note, that during the course of the arguments,
we asked the learned ASG, as to with whom Sachin Waze had
entered into a conspiracy to plant gelatin sticks in the Scorpio
vehicle, considering that the charge against Sachin Waze is,
that he had entered into conspiracy to plant gelatin sticks in
the Scorpio vehicle `with others’. With whom? The charge-
sheet is silent. Hence, learned ASG took time. Though the
charge-sheet says Sachin Waze entered into a conspiracy ‘with
others’ to plant gelatin sticks in the Scorpio vehicle, the names
of the co-conspirators are curiously not spelt out.
7.5 It is pertinent to note, that it is the prosecution case,
that Sachin Waze wanted to plant gelatin sticks in a vehicle,
and for the said purpose, chose a Scorpio vehicle, belonging to
Mansukh Hiran; that on 17.02.2021, Sachin Waze asked
Mansukh Hiran to drive the Scorpio from Thane towards
Vikhroli and park the same on the service road near the
flyover at Airoli junction on the Eastern Express Highway; that
Sachin Waze asked Mansukh Hiran to handover keys of the
said vehicle to him near the CP Office compound; that
Mansukh Hiran complied with the same by parking his vehicle
on the Eastern Express Highway; that after parking the
vehicle, Mansukh Hiran took an Ola Cab to meet Sachin Waze,
to handover the keys of the Scorpio Car; that the Ola dropped
Mansukh Hiran near G.P.O. at around 20:10 hrs.; that after
taking the car keys, Sachin Waze left alongwith KW-1 towards
Eastern Freeway; that at 21:50 hrs., KW-1 and Sachin Waze
reached the spot, where the Scorpio was parked and Sachin
Waze directed KW-1 to open the car and change the number
plate of the said Scorpio vehicle and to take it to Saket Colony
(residence of Sachin Waze).
25 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
7.7 It appears that the NIA, after a detailed investigation,
had not charge-sheeted the appellant for the offence
pertaining to the Scorpio vehicle, which was laden with
gelatin sticks. Prima facie, we feel that this feeble attempt was
made to connect the appellant with Sachin Waze only when
we questioned the NIA, as to with whom Sachin Waze had
conspired with, in planting of gelatin sticks in the Scorpio
vehicle. In a case of this magnitude, prima facie, it is highly
impossible that Sachin Waze himself would be involved,
without the help, assistance or may be, guidance of some
others. We may note, that it is the prosecution case, that
Sachin Waze had done a lot of planning in this regard, when
he planted gelatin sticks in a Scorpio vehicle near a prominent
businessman’s residence i.e. he had booked a room in Hotel
Oberoi for 100 days; had paid in cash for booking of the room
in Hotel Oberoi; had given a fake Aadhar Card, etc. We, prima
facie, find that the NIA has not done investigation with regard
to the same i.e. with respect to the co-conspirators involved in
planting of gelatin sticks in the Scorpio vehicle.”
(emphasis supplied)
26. Learned Special P.P. has, now, tendered statements of the
then Commissioner of Police, Mumbai Mr. Parambir Singh
recorded on 29.08.2022 and 30.08.22 by the Additional S.P. of
NIA. It is to be noted that the defence has not been provided
with the said statement and the same cannot be and will not be
used against the appellant, save and except, to unearth the well
planned larger conspiracy hatched by the accused persons. It
seems that 42 questions were asked to the then Commissioner of
Police in connection with the present crime. Admittedly, Mr.
Parambir Singh was the Commissioner of Police, Mumbai from
26 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
29.02.2020 to 17.03.2021. A1 Sachin Waze, who was then
under suspension, was reinstated and posted to CIU, Crime
Branch, Mumbai. It reveals from the statement of Mr. Parambir
Singh that A1 Sachin Waze used to directly come and report him
about sensitive cases. Most of the time, he used to brief
alongwith Senior Officers (ACP, DCP, Joint C.P.). Mr. Parambir
Singh knew about the whole of the incident dated 25.02.2021 as
regards parking of gelatin laden Scorpio near the residence of
Mr. Mukesh Ambani. When a specific question was asked to
Mr. Parambir Singh that during investigation ‘A1 Sachin Waze had
stated that he (Parambir Singh) was the part of the conspiracy in
planting of gelatin sticks in Mahindra Scorpio SUV vehicle alongwith a
threat note addressed to Ambani family’, he denied having aware of
any such conspiracy and that he was not part of the same.
However, he admits visit of A1 Sachin Waze few times to his
residence earlier regarding briefing about the discussion which
he had during his visits to Chief Minister and Home Minister in
sensitive cases, which A1 Sachin Waze was handling. It would be
advantageous to reproduce a few relevant questions and its
explanation given by Mr. Parambir Singh, the then
27 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
Commissioner of Police :-
“15. Sachin Hindurao Waze also claimed that prior to the
murder of Mansukh Hiran on the night of 4 th of March,
2021, he had a meeting with the then Police Commissioner
Parambir Singh and retired Police Officer Pradeep Sharma
on the 28th February and 2nd of March, 2021. Is this true?
Explanation : I deny that there was a meeting at my
residence or in my office or that Sachin Waze and Pradip
Sharma both came together to my residence at Malabar
Hill, Mumbai. Pradip Sharma had visited once in evening at
my residence to discuss about his concerns in Ravi Pujari
matter. Since I could not discuss the same with Pradip
Sharma, I asked him to come to my office for discussion. I
categorically deny that Sachin Waze met me at my
residence along with Pradip Sharma. Sachin Waze visited
few times to my residence earlier regarding briefing about
the discussions which he had during his visits to CM and
HM in sensitive cases which he was handling.
Thereafter once or twice Pradip Sharma came to my
office regarding his concerns in Ravi Pujari matter as he
could not discuss the matter in my residence.
On being asked about the meeting with Pradip
Sharma on 28.02.2021 at your residence, wherein it has
been told that ‘Naraj to nahi ho? Problem aaya hai. Tumhe
kutch kaam karna padega. Ek ka potla karna hai. Uski
body nahi milni chahiye. Ho jayega? Ravi Pujari bak-bak
kar raha hai. Tum savdhan rahana’.
I state that, no such conversation took place when
Pradip Sharma had visited my residence.
On being asked about meeting with Pradip Sharma
at your office on 02.03.2022, wherein Pradip Sharma
requested you to transfer Shailendra Pandey @ Pinky
Pandey from Kolhapur Jail to Thane Jail, so that he can be a
buffer between the planners and executers and you have
told that it cant be done easily and that it will take time and
my name will surface in that. Further when you saw that
Pradip Sharma was reluctant to do the ‘Potla Task’ you told
Sachin Waze “Theek hai then Sunil Mane ko bolo….. wo
karne ke liye ready hai, Sunil Mane mere liye kuch bhi
karega…. iski MCOCA ki tayari karo”.
28 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
I state that, no such conversation took place when
Pradip Sharma had visited my office. Sachin Waze and
Pradip Sharma together never had a meeting with me in my
office. The only time they were present together in my
chamber was on the day when body of Mansukh Hiren was
found and Sachin Waze had rushed into my chamber where
Pradip Sharma was already present and I asked him to
leave.
On being asked about you calling Nitin Thakre,
Inspector, Crime Branch, Thane and sending a message to
call me back for doing the Potla Task, as per deposition of
Sunil Mane. I categorically deny any such discussion or call
made.
16. There are also technical evidences to prove the
above mentioned conspiracy meetings. What explanation
would you like to offer to this?
Explanation :- I deny the same and no such meetings took
place.
18. On March 5th Morning, dead body of Mansukh
Mishrilal Hiran was found by the creek at Retibunder
Mumbra for which an Accidental Death Report was filed at
Mumbra Police Station, Thane. Did Sachin Waze report to
you about this incident ?
Explanation :- As above.
19. Smt. Vimla Mansukh Hiran, widow of the deceased
alleged foul play and in her written complaint before ATS
Thane Unit, she claimed her husband Mansukh Mishrilal
Hiran was murdered and named Sachin Hindurao Waze,
investigating officer for the explosive laden SUV case and
vehicle theft case, as the person who killed her husband
Mansukh Mishrilal Hiran. Were you aware about this ?
Explanation :- I subsequently became aware of this. On
being asked that whether I know about any connections
between Mansukh Hiran & Sachin Waze, I state that I was
not aware about it.
20. Were you aware that Govt. of Maharashtra on
06.03.2021 transferred the cases relating to explosive laden
29 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
SUV case, vehicle theft case and ADR of Mansukh Mishrilal
Hiran, to ATS Maharashtra for investigation. (Re-regd. As
Case No.10/2021, 11/2021 & 12/2021). The investigation
was transferred from Sachin Waze to ACP Alaknure and
then to ATS / Maharashtra?
Explanation :- I am aware that the original CIU, Crime
Branch, Mumbai case was transferred to ACP Alakhnure. I
am aware that subsequently the case was transferred to
ATS, M.S. I am also not aware about Sachin Waze being
instructed to assist ACP Alakhnure the new IO of the case
and I have not to instructed regarding the same.
25. Did you instruct Sachin Waze to convince Mansukh
Hiren to own up the responsibility of parking the explosive
laden scorpio vehicle near Ambani residence?
Explanation :- No such instructions were given at any point
of time.
26. Subsequently when Mansukh Hiren refused to own
up the responsibility of the crime and as he was thought to
be a weak link / soft target you instructed Sachin Waze and
other co-accused persons to eliminate him?
Explanation :- I was not aware of this.
27. As per evidences gathered, Conspiracy meetings
were held in your office and your residence at Nilima and
instructions for murdering Mansukh Hiren were given by
you to Sachin Waze, Sunil Mane & Pradeep Sharma. What
do you have to say in this connection?
Explanation :- No such conspiracy meetings happened at my
office or residence. I categorically deny that I have given
instructions to Sachin Waze, Pradeep Sharma or to Sunil
Mane to murder Mansukh Hiran. I also deny that Mane
along with Sachin Waze ever came together to my office for
any discussions. Sunil Mane had come to my office
requesting for an arms licence for himself and his brother
since they were running a security agency in Mumbai.
On being asked that, on 04.03.2021, Sunil Mane
had met you in your chamber along with Sachin Waze,
wherein it has been told that ‘tumko Waze ne kutch bataya
30 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
hai kya. Hiren ko abhi 3-4 din ke liye bahar bhejna hai, wo
sab Waze bata dega, to Waze se tie-up kar lena. Isme kuch
naih hai, ye kya pehle baar kar rahe hain? Iske pehle bhi
kar chuke hain’,
Further on 05.03.2021, Sunil Mane had met you in
your chamber, wherein it has been told that “tumhara kaam
barobar ho gaya hain, daro mat. Tumhari service kitna hua
hain. Tumko Rashtrapati Padak mil jayega’.
Further on 07 or 08.03.2021, Sunil Mane had met
you in your chamber, wherein it has been told that ‘Tum
kyun darr rahe ho? Tum ne thodi na maara hain, Jisne
maara hain woh Nepal border cross kar chuke bhi honge.
Tum kisi se baat mat karo, normal kaam karte raho’.
I categorically deny that any such meeting and any
such conversation took place.
29. Why was the Cyber Expert instructed to issue a false
certificate regarding resolving the Jaish-Ul-Hind threat note
and was paid 05 lakh in cash as reward for falsely resolving
the Jaish-Ul-Hind threat note?
Explanation :- I had not called him. He came on his own
and brought report with him. I never asked him to amend
the report in any manner. I only asked him whether he is
willing to give it officially and once he showed his
willingness I asked him to mail it to me on my official email
ID.
About the amount paid to cyber expert Ishan Sinha
is already explained in earlier reply given above.
30. Arrested accused persons have revealed that you
had instructed them to plant the gelatin laden scorpio
vehicle near Mukesh Ambanis residence Antilia and
thereafter murder Mansukh Hiren. The then Home Minister
to whom you were reporting had also revealed that you are
behind the said incident. What was the motive for doing
this crime?
Explanation :- This is false allegations. I have not instructed
any body to indulge in these acts.
33. Two summons were issued to you on the 24 th and
26th of August 2021? Why did you not respond to the NIA
summons?
31 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
Explanation :- The entire state machinery was hounding
me and I was taking precaution to protect my freedom and
seek legal remedies during this period. I never handled my
own email account. It was always handled by my PA Mr.
D’silva. So I was never aware of such summons having been
sent on my email ID. Hence, I was not aware about the
summons issued.
34. Does the apple ID (Facetime) [email protected]
belong to you?
Explanation :-The apple ID [email protected] does not
belong to me.
35. There are also technical evidences to prove the
above mentioned conspiracy meetings. What explanation
would you like to offer to this?
Explanation :- There cannot be any technical evidence
whatsoever to show that the accused were present together
in my office chamber or my official apartment, since no
such meetings happened.
36. There is evidence to show that you had made calls
from this ID to the arrested accused persons after NIA had
recovered the vehicle used in the murder. What
explanation would you like to offer?
Explanation :- As explained above the apple ID does not
belong to me.
37. Evidences reveal that on multiple occasions you had
met Sunil Mane clandestinely with your mobile phones
switched off subsequent to him being called by NIA for
investigations. What explanation would you like to offer?
Explanation :- I never met Sunil Mane clandestinely on any
occasions. I frequently keep my phones on Aeroplane mode
to make WhatsApp calls on wifi as I was being hounded by
entire state machinery after I had made complaint against
Shri Anil Deshmukh. This is the practice which I still
follow.”
32 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
27. Apart from the statement of the then Commissioner of
Police, learned Special P.P. has also invited our attention to the
sequence of crime vis-a-vis technical evidence on record in order
to indicate nexus of the appellant in the alleged crime, especially
the murder of deceased Mansukh Hiran. The chart depicting the
said sequence is reproduced hereinbelow :-
“SEQUENCE OF CRIME VIS-A-VIS TECHNICAL
EVIDENCE ON RECORD :-
Date Particulars of Conspiracy / crime / fact
Nov, 2020 Sachin Waze had possession of the Green
To coloured Scorpio vehicle from Nov, 2020 to
05.02.2021 05.02.2021 for personal / official use.
Prior to Sachin Waze (A-1), Pradeep Sharma (A-10),
and during Vinayak Shinde (A-3), Riyazuddin Kazi (A-4),
25.02.2021 Sunil Mane (A-5), were in close association with
and each other.
04.03.2021
Prior to Pradeep Sharma (A-10), Santosh Shelar (A-6),
and during Anand Jadhav (A-7), Satish Mothukuri (A-8),
25.02.2021 Manish Soni (A-9), were in close association with
, each other.
04.03.2021 Manish Soni (7045644755) is in contact with
and till Satish Mothkuri (9768628648) from January,
their date 2021 till April, 2021.
of arrest(s) Anand Jadhav (8850480183) is in contact with
Satish Mothkuri (9768628648) from December,
2020 to April, 2021.
Jan, 2021 Naresh Gor (A-2) and Vinayak Shinde (A-3) were
to March associated with each other.
2021
05.02.2021 Handing back of said Scorpio vehicle by Sachin
33 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
Waze to Mansukh Hiran.
16.02.2021 Booking of A-1 at Hotel Oberoi Trident.
to
20.02.2021
17.02.2021 Crime – Alleged Theft of Scorpio vehicle.
Mansukh Hiran (9820214282) found in tower
location at Sep-2, B-3, Eastern Express Highway,
Pirojshanagar, Vikhroli East, Mumbai, from 19:38
hrs and moved towards Tagore Nagar, Vikhroli
East at about 20:07 hrs and was at tower
location at VT Station, Mumbai, Esplanade, from
20:37 hrs to 20:45 hrs.
Mansukh Hiran (9324628272) found in tower
location at St. George Hospital, Mumbai from
20:05 hrs to 20:35:41 hrs, and moved in tower
location at Cawasji Patel Tank Bhuleshwar at
about 21:18 hrs.
Naresh Gor purchased 14 benami SIM cards from
Gayatri Tradersl, Patan, Gujarat.
Naresh Gor used 9979268639 for internet from
12:44 hrs to 12:48 hrs.
Naresh Gor handed over 06 mobile SIM cards
bearing numbers 9979268639, 9979257896,
9979269837, 9979273883, 9979273887,
9979275653 to Vinayak Shinde (A-3) at the
isntance of Sachin Waze.
Mobile Number 9819696096 (Sachin Waze) was
in contact with mobile number 9987598759
(Protected witness – KW-12) during the period of
conspiracy.
17.02.2021 Planning, collection of incriminating articles,
to men and hatching of conspiracy for executing
25.02.2021 crime regarding placement of explosive laden
vehicle on Carmichael Road on 24/25.02.2021.
21.02.2021 Mobile number 9979268639 was inserted in
handset having IMEI No 3599730894165902
used in Gujarat circle (Gayatri Traders and
Naresh Gor).
22.02.2021 Pradeep Sharma through mobile SIM number
9870164150 of KW-13, was in contact with
Santosh Shelar (A-6) through mobile SIM
34 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
number 9821579892 of one Sunil Kale.
25.02.2021 Planting of explosive laden vehicle Scorpio
vehicle along with threat note to Ambani family
by Sachin Waze and others in furtherance of
larger conspiracy to strike terror in section of
local people and others.
Taking over of investigation by the authority of
State Government by Sachin Waze & others
Sachin Waze contacted Mansukh Hiran asking
him to remain present in his office CIU on
26.02.2021.
26.02.2021 Mansukh Hiran (9324628272) found in tower
location at Crawford Market, Mumbai from
15:16 hrs to 21:36:22 hrs.
Posting of 2nd threat letter to the Ambani family
by Sachin Waze & others in furtherance of larger
conspiracy
Mansukh Hiran identified as the alleged owner of
the vehicle.
Pradeep Sharma through mobile SIM number
9870164150 of KW-13, was in contact with
Santosh Shelar (A-6) through mobile SIM
number 9773338015 of Rohan Fernandis.
27.02.2021 Social medial post by Jaish-ul-Hind (3rd letter)
disowning the incident dated 25.02.2021.
Pradeep Sharma received call (information) from
Sachin Waze & others about the meeting to be
held at Malabar hill.
Sunil Mane attends CP Office compound
Mumbai.
Manish Soni (7045644755) (A-9) and Santosh
Shelar (9833041110) (A-6) were in regular
contact with each other Pradeep Sharma)
28.02.2021 Pradeep Sharma met Sachin Waze and others at
Malabar hill on 28.02.2021.
Sachin Waze (9819696096) found in tower
locations at Malabad Hill, Worli Sea face, Bandra
Kurla Complex.
Meeting at Malabar hill between Sachin Wze
Pradeep Sharma & others. Driver Ulhas Shirsole
35 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
and Vikas Bangar were found at Malabar Hill
Mumbai from 20:18 hrs to 21:43 hrs. Prakash
Salvi (7039030659) found in said tower location
at Malabar Hill, from 18:51 hrs to 20:26 hrs.
Meeting at Worli sea face between Sachin Waze
and Pradeep Sharma.
In said meeting Pradeep Sharma called Santosh
Shelar in presence of Sachin Waze and tasked
him to eliminate Mansukh Hiran. Here also
there was no occasion for Pradeep Sharma to call
Santosh Shelar save and except the planning for
murdering Mansukh Hiren.
9920778844 (Pradeep Sharma) found in tower
location at Bandra-Worli sea link at Worli Ward
No.836 from 21.59 hrs to 22.00 .50 hrs.
Sachin Waze is found in tower location at
Malabar Hill, Mumbai, on 28.02.2021 at about
20:18 hrs to 22.17 hrs, and further at tower
location in Zenith House, Bandra Kurla Complex
from 22:20 hrs to 01.03.2021 at about 00:07 hrs.
Thereafter, his tower location is Saket Complex
at about 01:16 hrs.
9920778844 (Pradeep Sharma) called Santosh
Shelar (9833041110) from Facetime application.
01.03.2021 Santosh Shelar tasked Anand Jadhav, Satish
Mothkuri and Manish Soni to arrange for
logistics, in furtherance of criminal conspiracy to
murder Mansukh Hiran.
Santosh Shelar (9833041110) contacted Anand
Jadhav (8850480183) at 10:04 hrs, Satish
Mothkuri (97686278648) at 10:49 hrs and
Manish Soni (7045644755) at 13:05 hrs and
further during the daytime with said accused
persons and others.
Santosh Shelar (9833041110) called Manish
Soni (704564475) & instructed him to manage
01 mobile handset and 02 SIM cards on urgent
basis. Accordingly, Manish Soni arranged the 01
Intel company model handset and 02 Vodafone
SIM cards bearing Nos. 9619058549 &
9619053688 (As per Disclosure statements and
36 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
pointing out memos and panchanama of said
accused).
SIM cards handed by Manish Soni to Santosh
Shelar on 01.03.2021 at about 3 pm to 6 pm.
Manish Soni (917045644755) and Santosh
Shelar (919833041110) were in contact with
each other at about 13:05:30 hrs, 14:04:11 hrs,
14:24:05 hrs, 14:25:00 hrs, 14:30:47, hrs,
14:36:56 hrs, 14:51:37 hrs 15:02:05 hrs, and
15:08:03 hrs.
02.03.2021 Pradeep Sharma (9920778844) was at CIU,
office 4th Floor, and CP office compound from
11:53hrs to 13:39hrs, and met Sachin Waze
(9819696096) at CP Office compound.
Sachin Waze is found in the tower location at CP
office compound at 11:53:57hrs to 13:06:17hrs.
Mansukh Hiran (9820214282) was at CIU, office
4th Floor, CP Office Compound, Mumbai from
12:29hrs to 19:54hrs. Mansukh Hiren
(9324628272) found in tower location at C.S.T,
Mumbai from 15:37:46hrs to 17:12:02 hrs and
further in tower location at Crawford Market LT
Road till 21:05:11 hrs.
Sunil Mane (9870117295) is at CIU, Office, 4 th
Floor, and CP Office compound, Mumbai from
10:58hrs to 18:48:31hrs.
Sachin Waze ordered for one mobile handset and
collected the same through one witness.
Mansukh Hiran was identified at CIU office in
close proximity by Sunil Mane (A-5) and Pradeep
Sharma (A-10), in presence of witnesses.
Santosh Shelar (9833041110) contacted Anand
Jadhav (8850480183), Satish Mothkuri
(9768628648)
Red coloured vehicle (Tavera) and logistics
arrangement were checked by Santosh & Anand.
Santosh Shelar (9833041110) handed one sim
card bearing No. 9619058549 & Intel mobile
handset to Pradeep Sharma on 02.03.2021 at
about 17:03hrs to 17:34hrs, for secret
conversation.
37 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
Intex Company mobile handset was handed over
by Sachin Waze (A-1) to Sunil Mane (A-5) at
Chakala, Andheri near house of Pradeep Sharma
(A-10)
9920778844 (Pradeep Sharma) found in tower
location near Commissioner of Police Office
Compound from 11:53hrs to 13:39 hrs.
03.03.2021 9820214282 (Mansukh Hiran) was in tower
location at CP office compound from 16:07hrs to
20:18hrs. Mansukh Hiren (9324628272) found
in tower location at Crawford market, Mumbai at
19:57:02hrs. These tower locations are near CP
Office Compound, Mumbai.
Santosh Shelar (A-6) handed over mobile SIM
9619058549 to Pradeep Sharma (A-10) which
was activated at around 10:07 hrs at Andheri
(East) near house of Pradeep Sharma, in mobile
handset having IMEI No.351186417701970.
Further said Pradeep Sharma (9619058549) was
in contact with Santosh Shelar (9619053688)
during the period of conspiracy and execution of
murder of Mansukh Hiran.
Said handset of Intex Aqua Costa Company IMEI
No. 911528300493988 having SIM card No.
9979268639 and malfunctioned, due to which
Sunil Mane (A-5) returned said handset and SIM
card to Sachin Waze (A-1) at his office in CIU on
03.03.2021.
Sachin Waze is also found in the tower location
from 13:52hrs to 19:30hrs at CP office
compound.
Pradeep Sharma through mobile SIM number
9870164150 of KW-13, was in contact with
Santosh Shelar (A-6) through mobile SIM
number 9773338015 of one Rohan Fernandis, at
about 14:10:34 hrs.
9870117295 (Sunil Mane) was found in tower
location CP office compound, from 14:39hrs to
20:26hrs.
A meeting of conspiracy between Sachin Waze
and Sunil Mane took place at Chakala, Andheri
38 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
(East), whereby Sachin Waze gave one
Telephono company handset and one Vodafone
SIM card bearing number 9979268639.
Aforementioned secrete communication between
Sachin Waze and Sunil Mane was through their
Facetime and Whatsapp accounts by using their
email id: [email protected] and
sunil_mane009@yahoocom.
Meeting between Sachin Waze (A-1) to Pradeep
Sharma (A-10) for further planning and handing
over of murder money by A-1 to A-10 near
Chakala Andheri.
Santosh Shelar and Anand Jadhav did recce of
the scene of crimes. 9833041110 (Santosh
Shelar) and 88504801830 (Anand Jadhav) were
found travelling together (as per tower location)
up to Balkum Padda from 22:17hrs to 22:46hrs.
Thereafter their mobile phones are found at
Kasheli bridge from 22:17 hrs to 23:17 hrs.
Further they moved from Majiwada-Balkum and
were found in their respective address tower
locations in Malad.
Sachin Waze is in the tower location at CP Office
compound at 20:53:22hrs. Thereafter he is in
the tower location at Santacruz at about
22:17:39 hrs. Sachin Waze switched off his
mobile phone from 22:17:39hrs near Chakala,
Andheri (East) to avoid detection.
SIM Card mobile number 9979268639 inserted
in Telephono mobile handset and switched-On by
Sachin Waze and handed over to Sunil Mane,
near Chakala, Andheri.
Mansukh was interviewed on 03.03.2021 by
media and was made to write letter at the
instance of A-1, A-5 & A-10 to the Chief Minister
and others, that ATS, NIA agencies are harassing
him. Said letter was kept by A-1 in his
possession. Mansukh was pursued by Sachin
Waze to take the blame & get himself arrested in
case No.35 of 2021 dated 25.02.2021.
Mobile number 9979268639 was found in tower
39 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
location at Chakala Andheri (East) near
residence of Pradeep Sharma on 03.03.2021 at
about 23:55:53hrs.
Mansukh was again identified by Sunil Mane (A-
5) at CIU office, CP office compound, Mumbai.
Recce of routes and planning by A-5.
04.03.2021 Pradeep Sharma (9619058549) was in contact
with Santosh Shelar (9619053688) from
15:53hrs to 22:47hrs, Total calls (08):- 15:53hrs,
17:44hrs, 17:49hrs, 17:51hrs, 19:43hrs,
21:25hrs, 21:27hrs, 22:47hrs.
Mobile number 9979268639 was found in tower
location near Chakala Andheri (East) near
residence of Pradeep Sharma from on
04.03.2021 at about 00:07:51hrs (This Sim card
was active from 03.03.2021 from 23:55:53hrs to
04.03.2021 at about 00:07:51hrs).
Sunil Mane got possession of the POLO vehicle
with 03 fake registration plates through witness.
Sunil Mane left his Kandivali-Unit 11 office by
leaving his iPhone mobile phone handset and
SIM card bearing no. 9870117295, along with
office bag and his Creta car bearing No. MH-02-
EE-6912 in his office at Kandivali and thereunder
had directed his staff to deliver the same to his
residence.
Accordingly, as directed by Sunil Mane, his
aforementioned iPhone and office bag was
carried by his staff in his Creta car and handed
over to his residence to Smt. Mala Mane wife of
Sunil Mane.
In the meantime at afternoon, Manish Soni &
Anand Jadhav collected red coloured Tavera
Vehicle. Refuelled said car and picked up Santosh
Shelar & Satish Mothkuri from Kandivali on the
way towards Ghodbundar. Then reached at Hotel
Surekha on Ghodbander Road.
Manish Soni (917045644755) and Santosh
Shelar (919833041110) in furtherance of
conspiracy and commission of crime were in
contact with each other at about 13:30:04hrs,
40 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
14:43:21hrs. 15:11:40hrs, 17:42:23hrs.
17:44:02hrs, 18:49:22 hrs.
Sachin Vaze called Mansukh Hiran and informed
the Inspector Tawade (Sunil Mane) will call him
& he has to go with him somewhere for few days
till the investigation & storm settles down in
connection of crime dated 25.02.2021.
Mobile number 9979268639 was Switched-ON in
Telephono company handset near tower location
Swati Sagar Industrial Estate, Near Majiwada
Junction, Thane (West). User (Sunil Mane)
remained in said tower location till 20:23 hrs:.
(Later, this SIM card 9979268639 was used by
Sunil Mane who gave WhatsApp call on mobile
SIM number of Mansukh Hiran on his mobile
SIM number 9324628272 on 04.03.2021 which
was given by Sachin Waze at Chakala Andheri
East near house of Pradeep Sharma).
Sunil Mane calls Mansukh Hiran and picks him
from Suraj Water park and drop him adjacent to
the parked red coloured Tavera vehicle and
hands him over to the killers A-6, A-7, A-8, & A-
9, opposite Hotel Surekha. Also, Mansukh Hiran’s
mobile handset and personal belongings was
taken by Sunil Mane.
Pradeep Sharma (9619058549) was in the tower
location at Ramkrishna Mandir, Marol Pipe lines,
Andhri (East), Mumbai 400059. This tower
location is near Residence of Pradeep Sharma at
601, Bhagvan Bhavan, JB Nagar, Andheri (East),
Mumbai – 400 059; Also near Hotel Sai Leela
Grand – owned and managed by Pradeep Sharm,
and near Raylon Arcade wherein Pradeep
Sharma & Swikriti Sharma wife of Pradeep
Sharma have PS Foundation office.
Sachin Waze at the time of murder was creating
false ALIBI by allegedly raiding TIPSY Bar &
Restaurant and attending DINNER at Grills and
Rice Restaurant along with Riyazuddin Kazi (A-
4) and others at Byculla.
9833041110 (Santosh Shelar) and 88504801830
(Anand Jadhav), 9768628648 (Satish Mothkuri)
41 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
switched-off their mobile handset at same time
around 1848hrs to 1915 hrs.
Sunil Mane used an Apple iPhone 11 Pro model
(previously used by Malhar Mane Son of Sunil
Mane) handset and used the same through his
Facetime id:[email protected]
(Discovery pointing out memo and Disclosure
memo page nos. 001018, 001022 of Annexure _
B, Vol-III) to call Sachin Waze on his Facetime Id:
[email protected] through Facetime
(inbuilt application in iPhone). As per IPDR
email [email protected] was verified
and found to be associated with mobile SIM
number 9819696096 (Sachin Waze). 02 Apple
iPhone 11 Pro model No.MWCQ2LL/A, Serial
No. C39ZMHDLN6XW, without SIM card, and
Apple iPhone XR Model No. MRYD2HN/A, Serial
No. GV4D51F2KXK8, without SIM card along
with WIFI Dongle of Airtel and 02 Airtel SIM
cards, were produced by Sunil Mane on
06.04.2021 and same were seized under
Production-cum-seizure Memo dated 06.04.2021
(page no.944, Annexure – B, Vol-III). The said
articles have been forwarded to the CFSL, Pune,
on 11.05.2021, and Report is awaited (page nos.
2058, 2059, 2062, Annexure -B, Vol-VII).
However, the accused Sunil Mane (A-5) during
inquiry on 23.04.2021 had admitted before the
CIO, NIA, about the use of Apple iPhone 11 Pro
without SIM card, through Facetime id:
[email protected]., to call Sachin
Waze on his Facetime
Id:[email protected], for furthering the
conspiracy and murder of Mansukh Hiren.
At about 20:00 hrs to 20:30hrs Sunil Mane
called through by using WhatsApp on said
Telephono company handset and Vodafone SIM
card bearing number 9979268639 to Mansukh
Hiren or his mobile number 9820214282.
And further switched-on at around 0047hrs to
0049hrs on 05.03.2021.
42 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
As per conversation between Sunil and Mansukh,
Mansukh was picked up by Sunil Mane in white
coloured POLO car, posing as Inspector Tawde of
Kandivali PS, from Suraj Water Park, Majiwada.
Further, Sunil Mane stopped said POLO car after
reaching at Surekha Hotel and took U-turn and
drove said vehicle on the opposite side near the
already stationed red coloured Tavera vehicle on
the Ghodbundar Road.
Mansukh Hiran got down from the POLO vehicle.
At the same time Santosh Shelar had got down
from red coloured Tavera vehicle and went
towards Mansukh Hiran and walked along with
him till the Tavera vehicle.
First Mansukh Hiran boarded the Tavera vehicle
from the left side door of middle row. Then
Santosh Shelar followed Mansukh and sat next to
him on the left side of middle row seat. Already
Anand Jadhav was sitting on the right hand side
middle row seat. Satish Mothkuri was seated at
the dickey seat (last row of said vehicle). Manish
Soni was on the driver’s seat. (These facts find
corroboration from the confession of Manish
Soni and CCTV Footage of Surekha Hotel and
Hotel Hill View).
After handing over Mansukh Hiran to Killers A-6
to A-9, Sunil Mane drove white coloured
Volkswagen POLO vehicle towards Manor via
Fountain Hotel. At this time Sunil Mane had
taken the mobile handset having SIM number
9324628272 from Mansukh Hiran. As a result
the tower locations of SIM number 9979268639
used in said mobile handset of Telphono
Company, and SIM card 9324628272 were
showing last tower location at Narayan
Kashinath Kini, A/P-Bhamat Pada, Kaneer,
Sirdad, Tal-Vasai, Dist. Thane, 401303, Town
Code, Palghar at about 22:00hrs.
Immediately after Mansukh Hiran boarded red
coloured Tavera Vehicle, said vehicle moved for
about 5-10 metres and stopped on the left
roadside with its parking lights ON.
43 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
This is the actual time when Mansuh Hiran was
smothered from behind by Satish Mothkuri by
holding his mouth and nostrils with the help of
06 handkerchiefs and Santosh Shelar caught the
left upper limb (arm) and pressed left lower limb
(leg) of the victim, and similarly right upper limb
(arm) and lower limb (leg) was tightly hold by
Anand Jadhav. Manish Soni was on the driver
seat as instructed by Santosh Shelar to keep a
watch on passer-by’s. The killing incident lasted
for about 7-9 minutes.
Manish Soni was directed by Santosh Shelar who
drove the vehicle with the dead Mansukh Hiran
and 02 others co-accused A-7 & A-8 for about
few kilometres and stopped at Kasheli Bridge.
Thereafter, as instructed by Santosh Shelar,
Anand Jadhav, Satish Mothkuri and Santosh
(himself) removed the dead body of Mansukh
Hiran from the said vehicle along with the 06
handkerechief and one hoody black-green
coloured mask. Thereafter, the said 03 accused
lifted the dead victim and threw his corpse into
the Thane Creek from the Kasheli bridge.
Mansukh Hiran was thrown into the creek waters
from the Kasheli bridge on 04.03.2021 at around
10:30 pm.
05.03.2021 9920778844 (Pradeep Sharma) found in tower
location at Commissioner of Police Office
Compound from 15:41 hrs to 16:03hrs. Further
from 16:04hrs to 16:45:41hrs in tower location
near CP Office compound.
Sunil Mane met Sachin Waze at CP office
compound and handed over mobile phone and
belongings of Mansukh Hiran to Sachin Waze.
Sunil Mane, Sachin Waze and Pradeep Sharma
met each other at CP office compound. Sachin
Waze conspired with Pradeep Sharma, Sunil
Mane and others for destruction of material
evidences.
Pradeep Sharma through mobile SIM number
9870164150 of KW-13, was in contact with
Santosh Shelar (A-6) on his mobile SIM number
44 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
9833041110
07.03.2021 In furtherance of the conspiracy thereof, Sachin
Waze, Riyazuddin Kazi and others destroyed
evidences in-between 26.02.2021 till
13.03.2021.
08.03.2021 At the instance of Pradeep Sharma (A-10) and
to Sachin Waze (A-1), killers namely Santosh Shelar
22.03.2021 (A-6), Satish Mothkuri (A-8) & Manish Soni (A-
9) were on a run and went to Nepal via Delhi
and Lucknow, and further returned to Mumbai
via Delhi and Ahmedabad.
11.03.2021 Santosh Shelar (A-6), Satish Mothkuri (A-8) &
to Manish Soni (A-9), stayed in Hotel Delhi Heart,
17.03.2021 Paharganj, New Delhi.
23.03.2021 Santosh Shelar (9619053688) is in contact with
Manish Soni (7045644755) at about 1606hrs.
23.03.2021 Pradeep Sharma (9619058549) is in contact with
to Manish Soni (7045644755) (15 calls). It is a fact
26.03.2021 that CAF of said mobile number 9619058549 is
in the name of Manish Vasanbhai Soni.
19.04.2021 Siddhi Shelar through her mobile number
(D-316, 8390004780 and email id.
Annexure – [email protected] (Daughter of A-6
B, Volume- Santosh Shelar) booked Airticket for IndiGO
VI, Page Flight No.6E-61 for travel from Bombay
No. (Mumbai) to Dubai in respect of Manish Soni (A-
1812) 9), at the instance of her father Santosh Shelar.
20.04.2021 Manish Soni (A-9) travelled from Bombay
(Mumbai) to Dubai by IndiGO Flight No. 6E-61,
as instructed by Pradeep Sharma (A-10) and
Santosh Shelar (A-6).
20.04.2021 Mobile SIM number of Manish Soni
(18:22:48 (7045644755) (A-9) and mobile SIM number of
hrs) Santosh Shelar (9833041110)(A-6) were not in
TO contact with each other, as Manish Soni during
09.05.2021 the said period was in Dubai, as instructed by A-
(0:40:48 6 and Pradeep Sharma (A-10).
hrs)
09.05.2021 Manish Soni (7045644755) (A-9) and Santosh
to Shelar (9833041110) (A-6) were in regular
14.05.2021 contact with each other when Manish Soni (A-9)
45 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
was harboured at Hotel Sai Leela Grand, Andheri
(owned and managed by Pradeep Sharma).
May 2021 Manish Soni was sent (harboured) to Dubai in
May, 2021 by A-1, A-6 and A-10.
May 2021 Manish Soni was quarantined after his return
from Dubai by A-6 at Hotel Sai Leela Palace,
Andheri (owned and managed by A-10), at the
instruction of A-1 and A-10.
June 2021 Santosh Shelar and Anand Jadhav escaped from
Mumbai when their identities were revealed.
03.09.2021 Since the crime dated 25.02.2021 continued till
04.03.2021 and culminated in the murder of
Mansukh Hiren, it can be said that the crime
dated 04.03.2021 is continuation of crime dated
25.02.2021. Hence, the accused persons A-1, A-
5, A-6, A-7, A-8, A-9 and A-10 were charge-
sheeted for commission of offences punishable
for the act of conspiracy to commit a terrorist
act, commission of terrorist act, member of a
terrorist gang, kidnapping or abducting for
murder, murder of Mansukh Hiran, destruction
of evidences, committing forgery and using the
same as genuine, dishonest misappropriation of
property and criminal conspiracy to commit
these offences along with their co-accused
persons. All the aforementioned offences being
scheduled offences under the NIA Act, 2008, and
connected offences were committed by said
accused persons within the jurisdiction of this
Hon’ble Special Court NIA, Mumbai.
28. Having gone through the statement of Mr. Parambir Singh
in context with the other material on record, including the
statements of the protected witnesses, if juxtaposed, would
prima facie point out as to how the manner in which, a
preplanned and larger conspiracy was hatched to eliminate
46 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
deceased Mansukh Hiran. We are informed that investigation
under Section 173(8) of the Cr.P.C. is going on. We hope and
trust that the NIA will take the said investigation to its logical
end expeditiously and ensure that justice is done to the
deceased’s family.
29. Considering the entire material on record, ignoring the
statement of the then Commissioner of Police, prima facie, there
is sufficient material to indicate involvement and complicity of
the appellant in the murder of deceased Mansukh Hiran. The
possibility of the appellant being the Police Officer having well
connected with higher cops, tampering with the witnesses cannot
be ruled out. As already stated, the offences are quite serious,
including the offences under the stringent provisions of UAP Act.
It would not at all be just and proper to release the appellant on
bail, which would frustrate the trial. It is also pertinent to note
that the appellant had tendered pardon in his own handwriting
before the Special Court, NIA, Mumbai thereby expressly
admitting his guilt. The said application was made on
16.02.2023, which is annexed at Exh.187, on page nos. 174 to
47 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
175 to the Written Submission filed on behalf of the respondent
no.1 – NIA. We are informed that the appellant withdrew the
said application seeking pardon.
30. The Criminal Appeal No. 1266 of 2022 preferred by the
appellant against an order dated 10.11.2022 passed by the
Special Court rejecting his application for discharge, has also
been dismissed by this Court for want of prosecution on
03.10.2024 (Coram : Nitin B. Sambre & Smt. Manisha
Deshpande, JJ). Investigation under Section 173(8) of the Cr.
P.C. is still in progress. Statements of nearly 15 witnesses appear
to have been recorded after filing the chargesheet and further
investigation is still in progress. It also appears that the
investigation in respect of posting a threat note on “Telegram”
channel is still in progress. It is also important to note that the
appellant does not satisfy the Tripod Test laid down by the
Supreme Court in case of Gurwinder Singh Vs. State of Punjab
& Anr.2 . Para 31 to 34 reads thus :-
“31. The Appellant’s counsel has stated that in the terror
funding chart the name of the Appellant does not find place. It2 (2024) SCC Online SC 109
48 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.docis pertinent to mention that the charges in the present case
reveals the involvement of a terrorist gang which includes
different members recruited for multiple roles. Hence, the
mere fact that the accused has not received any funds or
nothing incriminating was recovered from his mobile phone
does not absolve him of his role in the instant crime.
32. The Appellant’s counsel has relied upon the case of KA
Najeeb (supra) to back its contention that the appellant has
been in jail for last five years which is contrary to law laid
down in the said case. While this argument may appear
compelling at first glance, it lacks depth and substance. In KA
Najeeb’s case this court was confronted with a circumstance
wherein except the respondent-accused, other co-accused had
already undergone trial and were sentenced to imprisonment
of not exceeding eight years therefore this court’s decision to
consider bail was grounded in the anticipation of the
impending sentence that the respondent-accused might face
upon conviction and since the respondent-accused had
already served portion of the maximum imprisonment i.e.,
more than five years, this court took it as a factor influencing
its assessment to grant bail. Further, in KA Najeeb’s case the
trial of the respondent-accused was severed from the other co-
accused owing to his absconding and he was traced back in
2015 and was being separately tried thereafter and the NIA
had filed a long list of witnesses that were left to be examined
with reference to the said accused therefore this court was of
the view of unlikelihood of completion of trial in near future.
However, in the present case the trial is already under way
and 22 witnesses including the protected witnesses have been
examined. As already discussed, the material available on
record indicates the involvement of the appellant in
furtherance of terrorist activities backed by members of
banned terrorist organization involving exchange of large
quantum of money through different channels which needs to
be deciphered and therefore in such a scenario if the appellant
is released on bail there is every likelihood that he will
influence the key witnesses of the case which might hamper
the process of justice. Therefore, mere delay in trial pertaining
to grave offences as one involved in the instant case cannot be
used as a ground to grant bail. Hence, the aforesaid argument
on the behalf the appellant cannot be accepted.
49 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
33. Hence, we are of the considered view that the material
on record prima facie indicates the complicity of the accused
as a part of the conspiracy since he was knowingly facilitating
the commission of a preparatory act towards the commission
of terrorist act under section 18 of the UAP Act.
34. For the aforementioned reasons the bail application of
the Appellant is rejected and consequently the appeal fails.
Needless to say, that any observation made hereinabove is
only for the purpose of deciding the present bail application
and the same shall not be construed as an expression on the
merits of the matter before the trial court.”
31. The law of parity would not be applied in the case in view
of the decision of the Supreme Court in case of Tarun Kumar Vs.
Assistant Director, Directorate of Enforcement 3 especially when
a specific role appears to have been played by the appellant as a
co-conspirator.
32. We are, therefore, not inclined to interfere in the
impugned order passed by the learned Special Judge and as such,
the appeal is accordingly dismissed.
33. Needless to state that the observations made hereinabove
are prima facie, only for the purpose of deciding the appellant’s
3 (2023) SCC Online 1486
50 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::
316-2024-Appeal=.doc
prayer for bail and as such, the trial Court shall decide the case
on its own merits, in accordance with law, uninfluenced by the
observations made in this judgment.
(PRITHVIRAJ K. CHAVAN, J.) (REVATI MOHITE DERE, J.)
51 of 51
::: Uploaded on – 18/11/2024 ::: Downloaded on – 19/11/2024 00:52:46 :::