KABUL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) DR .

(2.) PETITIONER -Kabul Singh has filed this petition under Section 439(2) of the Code of Criminal Procedure for cancellation of bail granted to respondent No. 2 by the District and Sessions Judge, Rohtak on 14.10.1997.

(3.) THE petitioner has also alleged that after his release respondent No. 2 is openly threatening the petitioner and all members of his family inclusive of ladies and eye-witnesses that if anybody had courage to give evidence against them, he would meet the same fate, meaning thereby that he or she too would be eliminated. Sunil is frequently seen with a stick in his hand. The fields of the petitioner and the accused are adjoining. Due to their fear, family members of the petitioner have stopped going to their fields. They are threatening the witnesses also and openly saying that they have enough money to kill two more persons and thus, atmosphere of terror is created by the respondent No. 2. When the accused Sushi was arrested on 4.7.1997, she boldly stated that the accused persons have paid Rs. 1,50,000/- to the police; therefore, the police cannot even touch them. The petitioner many a time reported to the police about threats given by the respondent No. 2, but police never paid any attention to it. If bail granted to the respondent No. 2 is not cancelled, there is every danger to the person and property of the petitioner and his family members. The petitioner also made a representation to the Hon'ble Home Minister, Director General of Police, Haryana and Deputy Inspector General, Rohtak range, but nothing is done. Respondent No. 2 is openly threatening the petitioner and his family members to kill them.