MUNNI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Accused Munni has filed this petition under Section 482 of the Code of Criminal Procedure (in short Cr.P.C.) assailing order dated 01.06.2011 (Annexure P-2), passed by learned Sub Divisional Judicial Magistrate (SDJM), Hansi.

(2.) The petitioner was arrested in FIR No.299 dated 28.05.2011, under Section 304-A of the Indian Penal Code (in short IPC), registered at Police Station Hansi City, District Hisar and was produced before learned SDJM, Hansi. Since offence under Section 304-A IPC is bailable, counsel for the petitioner prayed for release of the petitioner on bail. However, learned Magistrate, vide order Annexure P-2, found that in fact, from prosecution version, offence punishable under Section 304 Part-II IPC was made out. Consequently, bail was declined to the petitioner by learned SDJM vide order Annexure P-2. Feeling aggrieved, petitioner has filed this petition to assail the said order.

(3.) I have heard counsel for the parties and perused the case file.