12 Dec 2021 9:11 AM GMT
The National Investigation Agency has filed an appeal u/s 21(1) in the Bombay High Court against bail granted to bookie Naresh Gaur by the special court in the Ambani Terror Scare Case. The special NIA court granted bail to Gaur on November 20, however, he continues to remain behind bars as the order was stayed for 25 days. Last week, the Bombay High Court quashed the stay observing that...
The National Investigation Agency has filed an appeal u/s 21(1) in the Bombay High Court against bail granted to bookie Naresh Gaur by the special court in the Ambani Terror Scare Case.
The special NIA court granted bail to Gaur on November 20, however, he continues to remain behind bars as the order was stayed for 25 days. Last week, the Bombay High Court quashed the stay observing that a sessions court cannot stay it own order granting bail under the Criminal Procedure Code.
The NIA contended that the special court wrongly held prima facie Gaur did not have knowledge of the conspiracy in the Ambani case and the connected murder of businessman Mansukh Hiran on March 4, 2021.
Gaur, a cricket bookie is accused of supplying dummy sim cards used by his co-accused - dismissed cop Sachin Waze and former encounter specialist Pradeep Sharma in the murder of business man Mansukh Hiran.
"Gaur was fully aware that the SIM cards he was providing were to be used for extorting money and to commit criminal offences," the NIA said.
On Friday the NIA represented by special prosecutor Sandesh Patil sought a stay on the order. However, Senior advocate Shirish Gupte agreed that Gaur would not to act on the bail order considering NIA's appeal is listed for an early hearing on December 15.
NIA has sought to set aside the bail granted to Gaur on the following grounds:
1. The NIA claims that the Special Court erroneously considered and observed that Gaur had no knowledge about the conspiracy and failed to apply its "judicious mind" to facts of the case.
"Learned special court has not appreciated to consider the facts that on transfer of extortion money to accused Sachin Waze through Vinayak Shinde (Cop convicted in Lakkhan Bhaiyya fake encounter) the employer of Gaur had also agreed to provide SIM cards only on the insistence and agreement of Gaur with Vinayak Shinde and accused No.1 Sachin Waze."
2. Court merely considered the factual circumstances against Gaur but ignored charges of criminal conspiracy against him.
3. Special court failed to see the prima-facie nature and correctness of the facts of the case. The order has caused miscarriage of justice, and is against the investigation and further investigation of present case.
4. Court failed to consider that the alleged theft of the Scorpio vehicle, act of planting of explosive in the Scorpio along with threat letter to the Ambani family, the subsequent threat by Jaish-ul-Hind, and further the murder of Mansukh Hiren are connected offences, and part and parcel of the larger conspiracy, in the commission of crime of this case.
Gaur was arrested in March 13, 2021 and booked under section 120B(conspiracy) and 403( dishonest misappropriation of property). Unlike Waze and six other, Gaur is not booked under the anti-terror Unlawful Activities (Prevention) Act.