Sachin Waze had last year sought pardon, which the court had accepted after the CBI did not object to it. (Express File Photo) In its detailed order rejecting a plea filed by dismissed Mumbai Police officer Sachin Waze, seeking to be released in the CBI case related to allegations that he had collected bribes from bar owners on instructions of then state home minister Anil Deshmukh, the special court has said that an approver, who has been granted pardon, has to be protected from the “wrath of the co-accused”.
Waze had last year sought pardon, which the court had accepted after the CBI did not object to it. He had recently moved a plea stating that he should be released since he is not an accused in the case.
The CBI had said that an approver has to be detained till the termination of the trial and cannot be granted bail before that.
“The object, purpose and intention behind the provision is not to punish him for having agreed to give evidence for the state, but to protect him from the wrath of the co-accused since he has chosen to expose their deeds and has thrown himself open to attack by the co-accused,” Special Judge S H Gwalani said in his order on Wednesday. The order was made available on Thursday.
During trial, as per provisions of the pardon granted to him, Waze will have to depose as a prosecution witness for the CBI and his testimony can be used against his co-accused.
The court also said that the grounds taken by Waze in his plea had already been considered by it while rejecting his previous bail plea and that there is no change in circumstances since. It added that Waze’s deposition is yet to be recorded as the trial has not yet commenced and hence, it is not possible for him to be granted bail.
Waze was arrested in the case last year. He is also behind bars in other cases, including the Antilia terror scare and Mansukh Hiran murder case.