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