HIGH COURT OF PUNJAB AND HARYANA AT…
release on bail with a bond to the satisfaction of the Chief Judicial Magistrate or Duty Magistrate, Jalandhar.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-17170 of 2009 (O&M) Date of decision: 13.8.2009
Sunil Kumar and another
.. Petitioners
v.
The State of Punjab
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Bipan Ghai, Senior Advocate with Mr. Sandeep Gehalawat, Advocate for the petitioners.
Mr. A. S. Brar, Senior Deputy Advocate General, Punjab.
Rajesh Bindal J.
Learned counsel for the petitioners submits that the petitioners were not named in the FIR. However, during investigation as their names had cropped up, they were put in column No. 2 in the challan presented. Subsequently, they were summoned in an application filed by the prosecution under Section 319 Cr.P.C. The petitioners are in custody since 1.6.2009. Learned counsel has referred to the statement made by the prosecutrix in the court, where though she said that she was raped by Sunil and Bobby in the house of maternal aunt of Suresh, but she categorically stated in the court that the petitioners, who were present in court at the time of recording of her statement, were not Sunil and Bobby. In fact, after her examination-in-chief, she was declared hostile.
Considering the aforesaid facts and without expressing any opinion on the merits of the controversy, it is directed that the petitioners be released on bail on furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Jalandhar.
The petition stands disposed of.
(Rajesh Bindal) Judge
13.8.2009 mk
3 issues framed by the court
Whether to grant bail to petitioners named in column 2 of the challan despite their absence in the FIR and conflicting witness statements.
Whether the release of petitioners on bail is warranted in light of the prosecutrix's declaration as hostile and the discrepancy in naming accused persons.
How to balance the statutory provision for summoning accused under Section 319 Cr.P.C. with the need to grant bail where the FIR did not originally name the accused.
1 provisions across 1 enactments
Sunil Kumar and another
The State of Punjab
Rajesh Bindal
As recorded by the court registry
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