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CNR No : HCBM010486142026

2026:BHC-AS:45322-DB Prajakta Vartak IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 850 OF 2026 WITH INTERIM APPLICATION NO.3559 OF 2026 The National Investigation Agency ...Appellant Vs.

1. The State of Maharashtra

2. Sachin S/o. Hindurao Waze. ...Respondents _________

Mr. Anil C. Singh, Additional Solicitor General of India with Mr. Chintan Shah, SPP with Mr. Amogh Singh, SPP with Mr. Sundeep Sadavarte, DLA, NIA Mumbai, with Aditya Thakker with Mr. Karthik Garg with Mr. Kr. Krishnakant Deshmukh with Mr.

Adarsh Vyas with Mr. Rohan Chaughule, for Appellant-NIA.

Mr. V. M. Thorat with Sajal Yadav, Shalabh Saxena, Aatri Kalekar, Harsh Ghangurde, Raj Raut, Aayushya Geruja with Nihal Rebello, Disha Hatkar and Rasheed Nakhwa and Amar Bodke, for Respondent No.2.

Mr. Pravin Ingawale, IPA/SP NIA Mumbai and Mr. Shashikant Singh, PI NIA, Mumbai present.

_________

CORAM: G. S. KULKARNI &

DR. NEELA GOKHALE, JJ.

RESERVED ON: 16 OCTOBER, 2026 PRONOUNCED ON: 05 NOVEMBER, 2026 Part Particulars Paragraph Nos.

(I) Preface 1 to 3 (II) Facts 4 to 6 (III) Submissions on behalf of the Appellant/NIA of Mr. Anil 7 Singh, learned ASG (IV) Submissions on behalf of Respondent No.2/Accused No.1 of 8 Mr. V. M. Thorat.

(V) Analysis 9 to 48 (VI) Order 49 JUDGMENT:

Preface:

1. This appeal under Section 21 of the National Investigation Agency Act, 2008 (for short, “NIA Act”) is directed against the order dated 29 September 2026 passed by the learned Special Judge on bail application (Exhibit 601) filed by respondent no.2 (original Accused no.1)- Sachin Hindurao Waze (hereinafter referred to as “Accused no.1”), whereby the bail application came to be allowed on the terms and conditions as set out in the impugned order. Accused No. 1 was an Assistant Police Inspector in the Crime Intelligence Unit (‘CIU’), Crime Branch, Mumbai.

2. At the outset, it may be noted that Accused no.1 is facing trial in Special Case No. 1090 of 2021¹ for the offences punishable under Sections 120-B, 201, 302, 364 and 403 of the Indian Penal Code,1860 (“IPC”), read with offences under Section 25 of the Arms Act, 1959 (“Arms Act”) and under Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967. (" UAPA ")

3. It also needs to be stated that prior to filing of the present bail application, Accused no.1 had earlier filed a bail application before the learned Special Judge (below Exhibit 197) in NIA Special Case No. 1090 of 2021, which came to be rejected by an order dated 16 September 2023. With a delay of 778 days, Accused

1 Special Case concerns three related FIRs being FIR Nos. 35 of 2021, 47 of 2021 and 12 of 2021 (ADR No.39 of 2021).

No. 1 preferred an appeal before this Court challenging rejection of the bail application. The Division Bench of this Court, by an order dated 7 August 2026, while disposing of the interim application seeking condonation of delay, inter alia, observed that the interim application would stand closed, keeping open the question of law to be decided in an appropriate case. The Division Bench also granted liberty to Accused no. 1 to approach the trial Court by filing a fresh application seeking bail, given that the investigation was complete and the NIA had filed the chargesheet. The said order passed by a co-ordinate Bench of this Court read thus: -

“1. This Interim Application has been filed with a prayer to condone the delay of 778 days in presenting the connected Appeal against the judgment and order dated 16th September 2023 in NIA Special Case No. 1090 of 2021 (Bail Application) passed by the NIA Special Court, Mumbai, rejecting the bail prayer made by the Applicant.

2. After hearing the submissions made at the Bar, we find that the earlier prayer for bail made by the Applicant was rejected at the stage when the investigation was still going on. However, it has been brought to our notice that the investigation in the connected case being CR No. 01/2021/