The division bench had heard the petition earlier this month. At that time, they indicated they would consider the request for interim bail before proceeding to a final hearing on the petition. However, during Tuesday’s proceedings, one of the judges announced her recusal from the case, citing the involvement of Anil Deshmukh in it
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A division bench of the Bombay High Court (HC) recused itself on Tuesday from hearing a bail petition filed by dismissed Mumbai Police officer Sachin Waze, who is currently in judicial custody for his alleged involvement in a corruption case. Former Maharashtra Home Minister Anil Deshmukh is also an accused in the case.
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Waze, who was arrested in connection with the case, had sought bail on the grounds that he has been designated as an approver and that the other accused in the case have already been granted bail. His plea argued that continued detention violated his fundamental rights, especially since he had cooperated with the investigation officers.
The division bench, comprising Justices Bharati Dangre and Manjusha Deshpande, had heard the petition earlier this month. At that time, they indicated they would consider the request for interim bail before proceeding to a final hearing on the petition. However, during Tuesday’s proceedings, Justice Dangre announced her recusal from the case, citing Deshmukh's involvement as the reason, PTI reported.
"I did not realise at first that this case also involves Anil Deshmukh. I cannot hear matters related to this," Justice Dangre stated, without providing further details.
As a result, the petition will now be reassigned to another division bench for further hearing.
The Central Bureau of Investigation (CBI) opposed Waze’s bail request, arguing that releasing him at this stage would not serve the best interests of the case. The agency pointed out that Waze, despite being declared an approver by a special CBI court in June 2022, has not yet testified in the ongoing proceedings.
Waze was initially arrested in March 2021 in connection with the discovery of an explosives-laden vehicle near the residence of industrialist Mukesh Ambani and the subsequent murder of Thane businessman Mansukh Hiran. The case later expanded to include allegations of corruption and abuse of power against Anil Deshmukh, following accusations made by former Mumbai Police Commissioner Param Bir Singh.
In April 2021, the Bombay High Court directed the CBI to conduct a preliminary inquiry into Singh’s allegations that Deshmukh had misused his position and directed police officers, including Waze, to collect ₹100 crore per month from various establishments in Mumbai. Based on the findings of this inquiry, the CBI registered an FIR against Deshmukh, his associates, and Waze.
While Deshmukh’s former aides, Sanjeev Palande and Kundan Shinde, have since been granted bail, Waze’s continued detention remains a contentious issue, now awaiting further judicial review by a new bench.
(With PTI inputs)
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