The National Investigation Agency (NIA) Court denied Mumbai Police officer Sachin Waze's appeal to be placed under house arrest for three months to recover from heart surgery on Wednesday (September 29, 2021).
Waze will be transferred to Taloja Jail Hospital instead. However, the Court has allowed him to have home food delivered to him and has stated that he can be transferred to the JJ Hospital in the event of an emergency. On September 13, 2021, he underwent heart bypass surgery at a private hospital.
Waze stated in his plea for house arrest for three months that he had undergone complex cardiac surgery with five grafts and that there was a high risk of infection in a non-sterile environment. He was also willing to pay for the cost of stationing seven police officers at his home.
Waze's lawyer argued that the four walls and roof of the jail should be replaced with the four walls and roof of his house. He emphasised that the rules and regulations outlined in the jail manual could be followed.
During the case's argument, his counsel stated that there is no possibility of him fleeing because he will be in their custody, there will be security personnel, and the room where he will stay will have different access.
The Lawyer stated that, "His wife & daughter will only meet him for medication & food. The advocates will meet me as per the jail manual once or twice a week. This is only with the intention of ensuring a clean environment & medical treatment is available to the accused. Tuberculosis is one of the life-threatening infections that occur in jails".
While reviewing Waze's report from the private hospital, which stated that he would recover in 4-5 weeks and be able to lead a normal life, Special NIA Judge AT Wankhede questioned the need for house arrest.
The NIA's Special Public Prosecutor argued that the accused was seeking interim bail under the guise of house arrest.
He further stated that "the fundamental right of an accused is there, no doubt. But the court has to balance this right with that of the public interest. The hospital discharge summary has been received. Instructions on post-discharge care are given. It states that the accused can start his day-to-day work. In fact, after six weeks, he can begin heavy-duty work."
The Public Prosecutor further gave the option of a civic-run hospital if the accused so desired that he should be kept away from jail.
The Public Prosecutor further said that "My further investigation could get hampered if this is allowed. In house custody, relatives & other people could come & meet & witnesses could be affected".
In March, the National Inquiry Agency (NIA) arrested Waze in connection with an investigation into the seizure of explosives from a car parked near Mukesh Ambani's Mumbai home. On February 25, 2021, he was accused of driving an explosives-laden truck near Reliance Industries Chairman Mukesh Ambani's Mumbai home, Antilia.
Waze was also charged with the murder of Mansukh Hiren, the owner of the vehicle discovered outside Antilia with explosives materials. On March 5, Hiren was discovered dead in Thane.
After his name came up in the Mansukh Hiren killing case, Waze, who was a former Assistant Police Inspector in the Crime Intelligence Unit (CIU), was shifted to the Citizen Facilitation Centre at Mumbai Police Headquarters. He was dismissed from the service in May 2021.
