Mumbai, Mar 13: Troubles mounted for Mumbai police officer Sachin Vaze, who has been facing heat in the murder case of businessman Mansukh Hiran, as a sessions court in Maharashtra's Thane district has refused to grant him interim bail and noted that there was prima facie evidence and material against him.
In a related development on Saturday, recording of Vaze's statement by the National Investigation Agency (NIA), which is probing the last month's recovery of gelatin sticks and a threat letter from an SUV, a Scorpio, which was found parked near industrialist Mukesh Ambani's residence in Mumbai, is going on at its office since noon, an official said.
The assistant police inspector reached the agency's office at Cumballa Hill around 11.30 am, the official said.
Mansukh Hiran, who was in possession of the SUV had claimed that it had been stolen a week earlier, but the case took a new turn when he was found dead in a creek in Thane on March 5.
In his application seeking pre-arrest bail on Friday, Vaze said the FIR registered by the Anti-Terrorism Squad (ATS) didn't name name any person. He termed the FIR as "baseless and without any motive", saying it was a result of a "witch- hunt".
Additional sessions Judge Shailendra Tambe, in the order that was made available on Saturday, refused to grant interim bail to Vaze and said his custodial interrogation was required.
"This court is not agreed to grant interim bail to the applicant (Vaze) because there is prima facie evidence and material against the applicant. The custodial interrogation of the applicant is necessary," the order said.
Vaze's lawyer A M Kalekar had sought the court to grant the police officer interim protection from arrest on the ground that he was cooperating with the investigation.
Additional public prosecutor Vivek Kadu, however, opposed and argued that the probe in the case was at a crucial stage.
The court, while refusing interim bail, noted that the charges in the case include section 302 (murder), section 201 (destruction of evidence) and 120 (b) (criminal conspiracy) of the IPC, which are serious offences.
"This court has found that on February 27 and 28, 2021 the deceased Mansukh Hiran was along with the applicant in Mumbai," the court said.
It added that Hiran's wife in her complaint has specifically taken Vaze's name.
"The informant (Hiran's wife) has made direct allegations against the applicant in the FIR. Hence, this court has come to the conclusion that the investigation is at initial stage," the court said.
It directed the investigating officer of the Anti Terrorism Squad (ATS), which is probing the case, to file an affidavit in reply to the plea, and posted it for hearing on March 19.
Vaze had claimed that at the time when Hiran went missing and was allegedly killed, he was at Dongri in south Mumbai.
He had filed the plea under section 438 of the Code of Criminal Procedure (CrPC) in the Thane district sessions court.
Under this section, a person can seek bail if he or she is apprehending arrest in a case.
In his plea, Vaze said the complaint lodged by Hiran's wife is based on "bald suspicion and is without any basis or motive".
"It is trite law that a bald suspicion of the first informant regarding the commission of a crime cannot justify arrest of a citizen," the plea said.
Vaze's application further said that there is no incriminating material against him and that he has not even been named as accused in the case.
"Applicant (Vaze) is a resident of Thane since long time. Even if he was a customer and acquaintance of the deceased, no motive can be attributed to the applicant from the bare reading of the FIR," it said.
Vaze, known as "encounter specialist", was accused by Hiran's wife of involvement in her husband's suspicious death.
He was shunted out of the Mumbai crime branch earlier this week.
The ATS had registered a case of murder after recovery of Hiran's body against unidentified persons.
Vaze, in the plea, said he was questioned extensively by senior officers of the ATS on March 8, during which he said that he was in south Mumbai at the relevant time (when Hiran was allegedly killed).
"On March 4 (entire day) the applicant was in South Mumbai. Thereafter during the intervening night between March 4 and 5, the applicant had been in Dongri area. The said fact is duly corroborated from the contemporaneous records such as Station Diary Entries of Dongri Police Station," the plea said.
"There is a virtual witch-hunt in news and social media casting speculative aspersion regarding the applicants involvement on the basis of half-baked information without proper research, and pre-judging his guilt or innocence," it added.
Vaze said he was cooperating with the investigation and hence should be protected from arrest.
During his questioning by the ATS, Vaze had denied using the SUV that was in possession of Hiran.
Vaze, who was crime branch's Assistant Police Inspector, has been transferred to the Citizen Facilitation Centre (CFC) unit of Mumbai police.
Meanwhile, in his new WhatsaApp status message put on Saturday morning, Vaze said "the time to say goodbye to the world is coming closer".
"3rd March 2004. Fellow officers from the CID arrested me in a false case. That arrest inconclusive till date.
Sensing the history is going to repeat. My fellow officers are on to falsely trap me. There's a slight difference in the scenario.
"Then probably I had 17 years of hope, patience, life and service too. Now I will have neither 17 years of further life nor service nor patience to live. I think the time to say goodbye to the world is coming closer," the status read.
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Thiruvananthapuram (PTI): Buoyed by the strong performance of the Congress-led UDF in the local body polls, KPCC president Sunny Joseph said on Saturday that the front's results indicated the people had rejected the LDF government.
According to early trends, the UDF was leading in more grama panchayats, block panchayats, municipalities and corporations than the LDF.
The local body polls were held in two phases in the state earlier this week.
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Speaking to reporters here, Joseph said the people of Kerala had extended their support to the UDF.
"We could expose the LDF government’s anti-people stance and the people understood it. The LDF’s fake propaganda was rejected by the people. The UDF is moving towards a historic victory," he said.
He said a united effort, proper preparations, good candidate selection and hard work had resulted in the Congress and the UDF’s victory in the elections.
Asked about the prospects in the Thiruvananthapuram Corporation, Joseph said the party was studying the matter and would comment later.
LDF convenor T P Ramakrishnan said the results would be closely examined.
According to him, the government had done everything possible for the people.
"Why such a verdict happened will be examined at the micro level. People’s opinion will be considered and further steps will be taken," he said.
He added that decisions would be taken after analysing the results. "If any corrective measures are required, we will initiate them and move forward," he said.
AICC leader K C Venugopal said the results showed that people had begun ousting those who, he alleged, were responsible for the loss of gold at Lord Ayyappa’s temple.
"This trend will continue in the Assembly elections as well. It is an indication that the people are ready to bring down the LDF government," he said.
Venugopal said the UDF had registered victories even in CPI(M) and LDF strongholds.
"I congratulate all UDF workers for their hard work. Congress workers and leaders worked unitedly," he said.
Referring to remarks made by Chief Minister Pinarayi Vijayan against the Congress on polling day, Venugopal said the voters had responded through the verdict.
"I do not know whether the chief minister understands that the people are against him. Otherwise, he does not know the sentiment of the people. The state government cannot move an inch further," he said.
He said the results indicated a strong comeback for the UDF in Kerala.
Asked whether the Sabarimala gold loss issue had affected the LDF in the local polls, Venugopal said the CM and the CPI(M) state secretary did not take the issue seriously.
"We took a strong stand on the matter. The BJP played a foul game in it," he alleged.
On the BJP's role in the local body elections, Venugopal alleged that the party operated with the CPI(M) 's tacit support.
"The CPI(M) supported the central government on issues such as PM-SHRI, labour codes and corruption in national highway construction. The CPI(M) is facing ideological decline, and the state government’s policies are against the party’s own decisions," he said.
Meanwhile, LDF ally Kerala Congress (M) leader Jose K Mani said the party could not win all the wards it had expected in the elections.
He congratulated winners from all parties and said the party would closely examine the losses and identify shortcomings. "Later, we will take corrective measures," he added.
Senior Congress leader and MP Rajmohan Unnithan said the trends in the local body elections indicated that the UDF would return to power in the 2026 Assembly elections.
"We will win 111 seats as in 1977 and return to power in 2026. The anti-government sentiment of the people is reflected in the elections," he said.
Unnithan said the people were disturbed and unhappy with the present government.
"The trend indicates the end of the LDF government," he added.
CPI(M) MLA M M Mani said the people had shown ingratitude towards the LDF despite benefiting from welfare schemes.
"After receiving all welfare schemes and living comfortably, people voted against us due to some temporary sentiments. Is that not ingratitude," he asked.
Mani said no such welfare initiatives had taken place in Kerala earlier.
"People are receiving pensions and have enough to eat. Even after getting all this, they voted against us. This is what can be called ingratitude," he said.
Muslim League state president Panakkad Sayyid Sadiq Ali Shihab Thangal said the results were beyond expectations.
"The outcome points towards the Secretariat in Thiruvananthapuram, indicating that a change of government is imminent. We are going to win the Assembly election," he said.
