ASHISH KUMAR PAL Vs. STATE

JUDGEMENT

(1.) . Prashant Kumar Pal along with his brother-Ashish Kumar Pal, stand convicted for the offences punishable under Section 376 IPC, 120B IPC, 506 IPC and Section 342 of the IPC. Each of them has been sentenced to undergo RI for seven years and pay fine of Rs.2,000/- for offence punishable under Section 376 IPC, RI for one year for offence under Section 120B IPC, RI for three years for the offence under Section 506 IPC and to undergo six months imprisonment for the offence under Section 342 IPC. All the substantive sentences have been ordered to run concurrently vide an order dated 9.9.1999. The appellants have filed separate appeals against their conviction and sentence. After the appeal remained pending for some time, vide an order dated 8.3.2001 passed by R.S.Sodhi,J, the sentences of the appellants were suspended during the pendency of the appeal on their furnishing personal bonds in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Court concerned. Soon after availing the concession of bail, the appellant did not appear in the Court when the criminal appeal was taken up for hearing on 7.10.2002 and the Court was constrained to issue warrants against them. However, later on applications moved on behalf of the appellants issuance of warrants was recalled.

(2.) Through this application made by the applicant, who is none else except the father of the prosecutrix, has approached this Court for cancellation of the bail of the appellants with the averments and allegations that after release on bail, the appellants started threatening and harassing the applicant and were leaving no stone unturned to mentally torture the applicant and his family members by making threatening phone calls and abuse and scanduluous messages on the phone and Mobile phone No.9810179122 of the applicant. They in connivance of each other threatened the applicant to kill him and kidnap his family members if he did not stop pursuing case against them pending before this Court. It is stated that such calls were received by the applicant from phone No.31193411 on his phone No.22524141 on 5.5.2004 and 6.5.2004. On receipt of the threatening phone calls, the applicant approached PS Preet Vihar on 7.5.2004 with a complaint against the appellants but no FIR was registered. On 9.5.2004 again a phone call was made from phone No.22611205 on the phone of the applicant giving similar threats and further stating that they will not allow the applicant to live in peace and to allow her daughter marry anywhere. On 9.5.2004 the applicant again lodged a complaint with the PS Preet Vihar and a D.D.No.32 was noted, but still no FIR was recorded and no action was taken against the appellants. The applicant received repeated calls on 10.5.2004 and 15.5.2004 from Mobile phone No.9871495328 and 22610365. Again a phone call was received on 18.5.2004 and the matter was reported to the police with a copy to the DCP (East) and Commissioner of Police, but still not action was taken against the culprits. The applicant continued to get such threatening calls and fed up with the same and inaction of the police, had to approach this Court with a criminal writ petition and it was only with the intervention of the Court that an FIR was registered by the police and investigation taken up. It is also alleged that not only the appellant is making frequent threatening calls and messages to the applicant on his land line and mobile phone, the applicant got a letter from the appellant along with nude photographs with the face of the daughter of the applicant implanted on it with trick photography. On receiving the same, the applicant was shocked and terrified. It is stated that the appellant has mis-used the concession of bail granted to him and there is a constant threat to the life and liberty of the applicant and his daughter and other family members.

(3.) The application is opposed on behalf of the appellant and a reply has been filed raising preliminary objections disputing the locus of the applicant to make the present application and the application being the mis-use of the process of the Court. It is not denied that the appellants were convicted and sentenced as above and they have filed appeals, which are pending disposal. All other allegations in regard to the appellants having given any threat to the applicant or any member of his family are denied. It is alleged that the allegations are unfounded and that the prosecutrix was in an emotional relationship with the appellant -Prashant Kumar Pal which did not find favour with the applicant and so, he has made this application.