Published on : 24 Jan, 2023, 10:40 am
The Bombay High Court Monday rejected the bail plea filed by former cop Pradeep Sharma, accused in the Antilia bomb-scare case and the murder of businessman Mansukhlal Hiren.
A division bench of Justices Revati Mohite Dere and RN Laddha, while rejecting the bail plea, expressed its dissatisfaction over the probe conducted by the National Investigation Agency (NIA).
The Court after going through the evidence on record, prima facie failed to find material from the NIA chargesheet to indicate that Sharma was involved in the parking and planting of the gelatin sticks in the Scorpio car outside Antilia.
“If this was the NIA’s case, why then had they remained silent and not disclosed the same in the charge-sheet, is perplexing”, the Court said.
The Court also observed that the agency had failed to carry out an in-depth investigation in the bomb scare matter.
“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,” the Court said in its 53-page order.
The Court, however, rejected Sharma’s bail plea after it found material on record which pointed to Sharma’s complicity towards the murder of businessman Mansukh Hiren.
“The possibility of the appellant, a retired Police Officer, having clout, tampering with the witnesses, cannot be ruled out. It is also pertinent to note that the appellant was facing prosecution for the offences punishable under Sections 302 (murder) of IPC in an encounter case. This is not a fit case to enlarge Sharma on bail,” the Court said.
Sharma along with other accused including dismissed Mumbai cop Sachin Waze are accused of conspiring to place an explosive laden SUV near the residence of industrialist Mukesh Ambani.
They also stand accused in the murder of businessman Mansukh Hiren in February 2021.
After filing a detailed investigation report, the Court deduced, that NIA was trying to link Sharma with the Scorpio vehicle (laden with gelatin sticks) but he had not been chargesheeted.
“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,” the Court said.
The Court said tha several questions remained unanswered by NIA with respect to the case of the Scorpio vehicle laden with gelatin sticks.
“We hope and trust, that NIA, in right earnest, will investigate this aspect since further investigation under Section 173(8) is pending,” the Court further said.
