HEM RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner are arrested in connection with FIR No. 166 dated 3.4.1996 under section 302/34 of the Indian Penal Code, Police Station Safidon, Distt. Jind, and they have moved this application for being released on bail.

(2.) I have heard learned counsel for the petitioners and the learned counsel for the State of Haryana being assisted by the learned counsel for the complainant.

(3.) THE challan has been submitted by the police only against Kala Ram accused. In the order dated 11.6.96 the learned Magistrate has held that under section 209 of the Code of Criminal Procedure, the Magistrate is only to examine the Police report and other documents mentioned in section 207 of the Code and find out whether the facts stated in the report make out an offence triable exclusively by the Court of Sessions and once he reaches the conclusion that the facts alleged in the FIR make out an offence triable exclusively by a court of Sessions he has to do no more and commit the case to the court of Sessions Judge. He has held that the prosecution has sought the discharge of the petitioners/accused on the sole ground that they were not present at the time of alleged occurrence and they were present elsewhere at the relevant time, meaning thereby the prosecution wanted to get them discharged on the ground of alibi. The learned Magistrate has held that this aspect of the matter would be gone into by the Court of Sessions at the time of trial.