The Bombay High Court while hearing the appeal filed by the National Investigation Agency (NIA) against the bail granted to dismissed cop Sachin Waze in the infamous Antilia Bomb Scare case, on Thursday (October 8) expressed surprise over the former Assistant Police Inspector (API) owning at least five high end cars and travelling in a Mercedes regularly.

A division bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale noted that Waze owned cars of the high-end brands like - BMW, Mercedes, Volvo etc.

This comes after bench noted from the statements of various witnesses, being read out by Additional Solicitor General (ASG) Anil Singh, that Waze was travelling regularly in a Mercedes car.

"Whose Mercedes is it? We are yet to hear that the API is riding a Mercedes... Who owns it?" Justice Kulkarni sought to know, to which ASG Singh confirmed that it was owned by Waze.

Hearing this, Justice Kulkarni remarked, "Whenever a crime is attributed to any person in uniform, we need to consider other aspects as well like his integrity, how he has been conducting himself, his loyalty to the uniform and some other considerations... Everywhere in the statements, we are noting that this man (Waze) is moving in a Mercedes... Which shows that there is something that's required to be understood."

The judges sought to know his salary, which was said to be Rs 90,000.

Justice Kulkarni expressed surprise how an API could manage to own all such lavish cars by earning such an amount as a salary. The judge said that by highlighting all these, the NIA ultimately, was linking this case to extortion.

Justice Kulkarni said, "Isn't this surprising? This man is an API and is travelling in a Mercedes everywhere...He uses this car to go to his own office, to the office of the Commissioner of Police and even to Varsha Bungalow (official residence of CM)."

During the course of the hearing, the bench noted that the special court has already imposed some stringent conditions on Waze majorly the one which mandated him to stay out of Mumbai and some other districts till the trial concludes. The judges therefore sought to know from ASG Singh as how releasing Waze could prejudice the NIA's case in view of such stringent conditions.

ASG Singh highlighted the antecedents of Waze, wherein before this serious case, he was also involved in a custodial death case.

"In the past, he has destroyed evidence, CCTV footages etc.... Now also, he will tamper with the witness, he will destroy further evidence, but it will be very difficult to go for trials, because there are few witnesses that are truncated (identity not disclosed)...Literally very difficult it will be if such a person is let out," ASG Singh submitted.

But Justice Kulkarni responded, "If you see the conditions of that he is required to be away from Mumbai.... Now that the charge sheet is also filed and even the charges are framed, therefore, we can say there's no issue in going for trial."

However, ASG Singh submitted that Waze was a police officer who was supposed to protect other people.

"If there is any difficulty faced by any member of the public, he was supposed to protect them... he was given a responsibility of heading intelligence unit.... Now he himself does this type of act of creating a terror in the society, not only an act of creating terror in a family of an industrialist, but also of committing murder of a person... He is gone to that extent... There is an overall involvement in the entire case, but this is one of the most serious cases," Singh submitted.

When asked about the long incarceration, as Waze has been in prison for nearly 5 years now, ASG Singh pointed out that there are total of 300 witnesses, however, the NIA was to examine only 150 of them and that the agency is all set to commence the trial. He also pointed out to some orders of the special court, which directly blame Waze for delaying the trial by filing some or the other applications.

With this, ASG Singh concluded his submissions and now from Wednesday (October 14) the counsel for Waze is to commence his arguments.