A division bench of the Bombay High Court on Tuesday (August 27) recused itself from hearing a petition filed by dismissed policeman Sachin Waze, who is seeking bail in the CBI’s corruption case involving former Maharashtra Home Minister Anil Deshmukh.
Waze, currently in judicial custody, had requested bail on the grounds that he is an approver in the case and citing parity, as all other accused are out on bail.
Earlier this month, a division bench of Justices Bharati Dangre and Manjusha Deshpande had briefly heard the petition and indicated that it would first pass an order on the interim bail request before addressing the petition in full.
However, today, Justice Dangre recused herself from hearing the matter.
“I did not realize then that this matter also involves Anil Deshmukh. I cannot hear pleas related to this,” Justice Dangre said, without providing further details.
The petition will now be assigned to another division bench for hearing.
In his plea, Waze argued that keeping him in jail, despite his status as an approver, was a violation of his fundamental rights. The Central Bureau of Investigation (CBI) opposed the plea, stating that Waze had not yet deposed in the case and that releasing him on bail would not be in the best interest of the investigation.
Waze was declared an approver by the special CBI court in June 2022. He was arrested in March 2021 for his alleged involvement in the case of an explosives-laden vehicle found near industrialist Mukesh Ambani’s residence in south Mumbai and the murder of Thane businessman Mansukh Hiran.
In April 2021, the high court directed the CBI to conduct a preliminary inquiry into allegations of corruption and misuse of official power made by former police commissioner Param Bir Singh against Deshmukh. Following this inquiry, the CBI registered an FIR against Deshmukh, his associates, and Waze.
Singh had alleged that Deshmukh, then home minister, instructed police personnel to collect Rs 100 crore per month from restaurants and bars in Mumbai. He also claimed that Waze, who had been suspended after being accused in an alleged fake encounter case, was reinstated and collecting money on Deshmukh’s behalf.
The other accused in the case are Deshmukh’s former aides, Sanjeev Palande and Kundan Shinde. All three are currently out on bail.
