The Supreme Court has granted interim bail to former ‘encounter specialist’ Pradeep Sharma, who was arrested for his alleged involvement in the Antilia terror scare case and the Mansukh Hiren murder case.
The Bench of Justice Rajesh Bindal and Justice Aniruddha Bose granted interim bail to Sharma for three weeks, so as to enable him to meet his wife, who had been advised to undertake a procedure for reversing the Gastric Bypass Surgery.
The appellant presented a medical certificate issued by Lilavati Hospital and Research Centre located in Mumbai before the court.
The Bench directed that Sharma be granted interim bail on conditions laid down by the trial court. It further directed the appellant to submit medical reports to reveal the health status of his ailing wife on the next date of hearing, which was fixed at June 26.
The High Court observed that the defence has to be presented at the time of trial, not during the hearing on bail plea.
The Bench noted that Sharma, a retired officer, had no role either in meeting former Assistant Police Inspector Sachin Waze in secret or being present at the office of the Police Commissioner.
The High Court further rejected the argument that meeting Shelar should not prejudice the case of Sharma, as Shelar was the one who had smothered and disposed of the body of Hiren.
The Bench said that since the incident took place on March 3, 2021 and statements of witnesses were recorded around three months later in August, any discrepancy related to time of the incident by one to two hours could not affect the credibility of testimony of the witness.
The High Court made the observation in line with the findings of NIA and arguments of prosecution. The NIA had argued that the petitioner colluded with Waze and others to commit the murder of Mansukh Hiren. It used a chain of events to argue its findings.
It said Sharma allegedly met Waze on February 28, 2021 in Malabar Hills Police Station and went to Worli sea face together in a car.
Later on March 2, 2021, after meeting the Police Commissioner, the two police officers had a closed door meeting for around 10 minutes, where they hatched the conspiracy to eliminate the businessman.
Several witnesses also pointed out that Waze bought a bag of money at P.S. Foundation compound, Andheri in his car and gave it to Sharma on March 3, 2021. Lastly, NIA also accused Sharma of helping two co-accused in fleeing to Nepal, one of whom one was Santosh Shelar.
The prosecution argued that money was given to eliminate Hiren, who was a weak link.
Senior Counsel Aabad Ponda, representing the petitioner, argued that Sharma met Waze to discuss the threat given to him by then Home Minister Anil Deshmukh. The then Maharashtra Home Minister had threatened to remove Waze from service in case of failure to collect Rs 100 crore from bars, restaurants and pubs.
He added that since Hiren was already cooperating with them, there was no need of his elimination and the money was given by Waze to protect himself from arrest, which could take place at the order of Anil Deshmukh.
A car carrying explosive substance (20 gelatine) was found near the residence of Mukesh Ambani, Antilia on February 25, 2021 with a threat letter. On March 4, the body of Mansukh Hiren, a businessman who owned that car, was found in Thane.
During the investigation conducted by NIA, former API Sachin Waze, along with nine others, including Pradeep Sharma, were arrested in April 2021.
A case was registered under Section 120B (Punishment for Criminal Conspiracy), 201 (Causing disappearance of evidence of an offence, or giving false information to screen offender), 302 (Punishment for Murder), 364 (Kidnapping or abducting in order to murder) and 403 (Dishonest misappropriation of property) of Indian Penal Code (IPC), 1860.
Police further booked the accused under relevant Sections of the Arms Act, 1959 and the Unlawful Activities (Prevention) Amendment Act, 2004.
The court has already granted bail to Riyazuddin Kazi, another accused in this case.
(Case Title: Pradeep Rameshwar Sharma vs NIA)