Mumbai, May 10, 2022 – The Additional Sessions Judge R.M. Sadrani granted bail to Om Bapurao Wangate, a police officer, in an extortion case registered at L.T. Marg Police Station. The court cited the completion of the investigation, the filing of the charge sheet, and the failure of witnesses to identify the applicant during a test identification parade as key factors in its decision.

Wangate was arrested in connection with Crime No. 17/2022 (L.T. Marg Police Station Crime No. 40/2022), registered under Sections 392 (robbery), 384 (extortion), 341 (wrongful restraint), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

The case was initiated by a complaint lodged by Additional Commissioner of Police Dilip Raghunath Sawant. The complaint alleged that in November and December 2021, members of the Angadiya Association, a courier service association, were subjected to extortion demands by police officers from L.T. Marg Police Station, allegedly under the direction of DCP Saurabh Tripathi.

According to the complaint, police officers in civil dress allegedly detained courier service members and demanded money, ranging from Rs. 50,000 to Rs. 10 lakhs, for their release. The complainant alleged that Wangate was involved in extracting money from the courier services.

Wangate, through his advocate Ashok Saraogi, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that the investigation was complete, the charge sheet had been filed, and the offenses were triable by a Magistrate’s Court. He also pointed out that the witnesses who allegedly paid the extortion money had failed to identify him during a test identification parade.

The prosecution, represented by Additional Public Prosecutor (APP) Siroya, did not strongly oppose the bail but requested a suitable order.

Judge Sadrani, after reviewing the case records and hearing both sides, noted that the investigation was complete, the charge sheet had been filed, and the offenses were triable by a Magistrate’s Court. The court also highlighted the fact that the witnesses had not identified Wangate during the test identification parade.

“Admittedly, investigation is over and chargesheet is filed. All the offences are triable by the Magistrate’s Court. Witnesses have not identified the applicant during test identification parade. Considering the punishment prescribed for the offence and chargesheet is filed, I am inclined to allow the application,” Judge Sadrani stated in his order.

Consequently, the court granted Wangate bail, ordering him to execute a personal bond of Rs. 25,000 with one or two sureties of the same amount. The court also imposed several conditions, including:

• Furnishing his detailed address and phone number at the time of furnishing bail.
• Not directly or indirectly making any inducement, threat, or promise to any person acquainted with the facts of the case.
• Not leaving India without prior court permission.

The order was dictated, transcribed, and signed on May 9, 2022, and uploaded on May 10, 2022, at 1:05 PM, as certified by stenographer Santosh B. Sawant.

This ruling highlights the judiciary’s consideration of the progress of investigations and the reliability of witness identification in deciding bail applications. It also underscores the court’s approach in balancing the rights of the accused with the imperatives of law enforcement.