Crl Misc No. M 28736 OF 2009 (O&M). ****** Sher Singh vs State of Haryana Present : Mr. N.C.Kinra, Advocate for the petitioner. Mr. Ajay Ghanghas, Addl. A.G Haryana for the respondent. ******* This is a petition for regular bail in case FIR No.432, dated 21.12.2000, registered under Sections 302/392/34 of the IPC and Section 25 of the Arms Act, at Police Station Bahadurgarh, District Jhajjar. On the last date of hearing, the following order was passed :- “ Learned counsel for the petitioners states that the challan is pending in the Court. Three witnesses have been produced by the prosecution but they have not supported the prosecution story. Counsel for the petitioner requests date to produce the copies of the statements of the witnesses. On request, adjourned to 21.12.2009.” Counsel for the petitioner, however, is not in a position to deny that the person who lodged the FIR viz. Rajesh son of Karan Singh has not yet been examined. He states that the matter before the trial Court is now fixed for 4.1.2010. He further states that the petitioner has been in custody for the last more than 11 months. Counsel for the respondent undertakes that the aforesaid witness shall be examined on the next date. In the circumstances, I deem it appropriate to dismiss this Crl Misc No. M 28736 OF 2009 (O&M) : 2 : petition with liberty to the petitioner to file a fresh application for bail before the trial Court who will consider either the statement of the said witness or the fact that he has not been examined as per the undertaking given by counsel for the respondent and then take a decision on the bail application of the petitioner as per law. Ordered accordingly. ( AJAY TEWARI ) December 21, 2009. JUDGE `kk'