IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-30430 of 2011 (O&M) Date of decision: 17.10.2011 Mahesh ..Petitioner Versus State of Haryana ..Respondent *** CORAM:HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. Amit Prashar, Advocate for the petitioner. Ms. Preeti Chaudhary, Assistant Advocate General, 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. 85 dated 19.3.2009 registered under Sections 302/34 IPC and under Sections 25/54/59A of Arms Act, at Police Station Sadar, District Palwal. On 05.10.2011 the following contention was noticed:- “Learned counsel has argued that despite order Annexure P-11 and the passage of five dates not even a single witness has been examined”. Learned counsel for the petitioner has further argued that the antecedents of the petitioner are clean. On 26.5.2011, the following contention was noticed, which was passed in Crl. Misc. No. M-11512 of 2011 (O&M) (Annexure P-11) :- “This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 85, dated CRM No. M-30430 of 2011 (O&M) -2- 19.03.2009, registered under Sections 302, 34 IPC and Sections 25, 54 and 59-A of the Arms Act, at Police Station Sadar, District Palwal. Ld. Deputy Advocate General has argued that out of 18 witnesses 14 already been examined and matter is now fixed for 13.06.2011, and he undertakes to conclude the prosecution evidence on that date. Since, the matter is coming to an end, I do not deem it appropriate to pass any order in this petition. Accordingly, the petition is dismissed”. He has argued that even till date the prosecution evidence has not been concluded. On instructions from Head Constable Hari Om, learned Assistant Advocate General, has fairly stated that the matter before the trial Court is fixed on 24.10.2011 and in case the remaining witnesses do not appear to give their testimony, on that date, the petitioner should be released on bail. In view of the fair statement, given by learned Assistant Advocate General, Haryana, I dismiss this petition with the clarification that in case the remaining witnesses do not appear before the trial Court on 24.10.2011 to give their testimonies, the trial Court is directed to release the petitioner on bail. (AJAY TEWARI) JUDGE October 17, 2011 Poonam (II)