IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-15330 of 2010 (O&M) Date of decision: 15.11.2011 Dinesh .Petitioner Versus State through Central Bureau of Investigation, New Delhi ..Respondent CORAM:HON'BLE MR. JUSTICE M.M.S. BEDI Present: Mr. S.S. Narula, Advocate for Mr. Pawan Girdhar, Advocate for the petitioner. Mr. Ajay Kaushik, Advocate for CBI. ***** M.M.S. BEDI, (ORAL), J. This order shall dispose of third petition for regular bail filed by the petitioner. Learned counsel for the petitioner, during the course of arguments, has submitted that in view of the changed circumstance i.e. the turning hostile of the material witnesses, the petitioner is entitled to the concession of regular bail. The first application for regular bail is dismissed by this Court on 22.8.2008 and second application for regular bail is dismissed as withdrawn on 27.10.2009. It appears that on the basis of the changed circumstance mentioned hereinabove, no fresh application for regular bail has been filed before the trial Court, as this Court is capable for granting bail appreciating whether the material witnesses have been turned hostile by making it a case of "No Evidence" against the petitioner. This petition is disposed of as withdrawn at this stage with liberty to the petitioner to file an application for regular bail before the trial Court CRM No. M-15330 of 2010 (O&M) -2- on the basis of the changed circumstance. In case the trial Court arrives at a conclusion that the material witnesses have turned hostile, it will be open to the trial Court to grant the concession of regular bail. It is made clear that the earlier order passed on 22.8.2008 dismissing the petition of regular bail will not in any manner prejudice the right of the petitioner. Earlier order passed by this Court on 27.10.2009 will not stand in the way of the petitioner to seek the concession of regular bail on the basis of fresh circumstance. It will be appreciated in case the bail application filed by the petitioner is decided within 7 days after the filing of the same before the trial Court. (M.M.S. BEDI) November 15, 2011 JUDGE Poonam (II)