Crl. Misc. No.M-17336 of 2011 (O&M) Islam Vs. State of Haryana Present : Mr. Jagjit Gill, Advocate for the petitioner. Ms. Preeti Chaudhary, A.A.G., Haryana. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.59 dated 07.05.2010 registered under Sections 279, 333, 353, 186 & 307 IPC and Section 11 of the Animal Cruelty Act and Section 3 of the Cows Slaughter Act at Police Station Baragudha. On 30.08.2011 the following order was passed:- “This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.59 dated 7.5.2010 registered under Sections 279, 333, 353, 186, 307 IPC and Section 11 of Animal Cruelty Act and Section 3 of Cows Slaughter Act at Police Station Baragudha. On 14.07.2011 the following contention was noticed:- “Learned counsel for the petitioner has argued that the petitioner has now been in custody for almost 13 months and there is no likelihood that the trial shall be concluded in the near future and all the other co-accused have been released on bail.” Crl. Misc. No.M-17336 of 2011 (O&M) -2-- Thereafter on 11.08.2011 the following contention was noticed:- “Counsel for the respondent, on instructions from ASI Inderjit Singh, states that 18 out of 22 witnesses have already been examined and the remaining witnesses have been summoned for today.” Today learned counsel for the petitioner has argued that firstly even till date the prosecution evidence has not been concluded and secondly the injured complainant S.I. Satbir Singh has been examined on 08.05.2011 who has not identified the petitioner and has not been able to determine the fact that petitioner is the same person who caused injuries to him. Learned Assistant Advocate General seeks a short adjournment to ascertain this fact. Adjourned to 09.09.2011.” Today learned Assistant Advocate General on instructions from H.C. Gurmeet Singh has stated that only one witness remains to be examined and the matter is now fixed for 16.09.2011. In the circumstances, I deem it appropriate to dispose of this petition with a direction to the learned trial Court that in case the last remaining witness is not examined on the next date the petitioner should be released on bail. However, this order would not apply if non-examination is caused by the petitioner. Ordered accordingly. ( AJAY TEWARI ) September 09, 2011 JUDGE ashish