1

apeal-1016-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1016 OF 2021

The National Investigation Agency

…. Appellant

Versus

Naresh Ramniklal Gaur @ Gor

son of Ramniklal Gaur and another

…. Respondents

.…

Mr. Anil C. Singh, Additional Solicitor General a/w. Sandesh Patil, Aditya

Thakkar, Sundeep Sadavarte, Chintan Shah, Prithviraj Gole, for the

Appellant-NIA.

Mr. Shirish Gupte, Senior Advocate a/w. Aniket Nikam, Ashraf

Diamondwala, Ashraf Diamondwala i/b. Diamondwala Co. for

Respondent No.1.

Mr. K.V. Saste, APP, for Respondent No.2-State.

.…

CORAM : NITIN JAMDAR AND

SARANG V. KOTWAL, JJ.

DATE : 21 DECEMBER 2021

JUDGMENT : (Per Sarang V. Kotwal, J.)

1.

This Appeal is preferred by the Appellant the National

Investigation Agency (for short, ‘

NIA’

) against the order dated 20^th

November 2021 passed by the Special Judge below Exhibit-37(BA) in

NIA Special Case No.1090/2021. Vide that order, the Respondent No.1,

who was the original accused No.2, was directed to be released on bail

in C.R. No.35/2021 registered with Gamdevi Police Station, Mumbai

1 / 32

2

apeal-1016-21.odt

and re-registered as Crime No. RC-01/2021/NIA/Mumbai with NIA for

the offences punishable under Sections 120B, 201, 286, 302, 364, 384,

386, 403, 419, 465, 471, 473 and 506 of the Indian Penal Code, under

Sections 3 and 25 of the Arms Act, under Section 4 of the Explosive

Substances Act, 1908 and under Sections 16, 18 and 20 of the Unlawful

Activities (Prevention) Act, 1967 (for short, ‘

UAPA’), with certain

conditions. The Appellant-NIA has challenged that order in this appeal.

2.

Heard Shri Anil Singh, learned Additional Solicitor General

for the Appellant, Shri Shirish Gupte, learned Senior Counsel for

Respondent No.1 and Shri K.V. Saste, learned APP for Respondent No.2-

State.

3.

The brief facts mentioned in the charge-sheet and as

presented by learned ASG, are as follows:

i.

On 25^th February 2021, twenty Gelatine sticks and a note

threatening a prominent industrialist and his wife were

recovered by the Officers of Gamdevi police station from a

Mahindra Scorpio vehicle parked on Carmichael Road. On the

same day, C.R. No.35/2021 under various Sections of IPC and the

Explosive Substances Act was registered at Gamdevi police

2 / 32

3

apeal-1016-21.odt

station against unknown accused. The FIR was transferred to

Crime Intelligence Unit (CIU) Crime Branch, Mumbai. It was re-

registered vide C.R. No.40/2021 and the case was assigned to

one Sachin Waze, the then API CIU, Crime Branch, Mumbai.

Incidentally, said Sachin Waze is now accused No.1 in the present

crime. When the Scorpio vehicle was found, it was having a

forged number-plate. The initial investigation revealed that the

actual number of that vehicle was MH-02-AY-2815. In respect of

theft of that vehicle, separate C.R. No.47/2021 was already

registered at Vikhroli police station, Mumbai on 18^th February

2021. The investigation into that offence registered at Vikhroli

police station was also transferred to CIU Crime Branch, Mumbai.

It was re-registered as C.R. No.41/2021 and this investigation

was also assigned to Sachin Waze. C.R. No.47/2021 of Vikhroli

police station originally was lodged by one Mansukh Hiran, who

in this case is the deceased, and his murder is also the subject

matter of the present case.

ii.

Mansukh Hiran was summoned by CIU Crime Branch on 1^st

March 2021 and 2^nd March 2021. He attended the CIU office on

2^nd March 2021 and 3^rd March 2021.

3 / 32

4

apeal-1016-21.odt

iii. On 4^th March 2021, Mansukh Hiran left his house to meet one

police officer, named, Tawde. He did not return home

throughout the night and on the next day a Missing Person’s

Complaint was filed at Naupada police station, Thane by

Mansukh’

s son Meet Hiran, which was registered vide Missing

Person’

s Report No.16/2021. The enquiry was conducted by

Naupada police station.

iv. O