(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.