MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard.

(2.) According to the prosecution, one Kg. of opium was recovered from the possession of the accused of 8th Nov., 1997. Shri Sharma submits that although the accused has been in jail for the last more than 11 months, no prosecution evidence has been examined so far. He submits that trial has not made any headway at all. In. Pehalwan Vs. State of Punjab (Criminal Appeal No. 789 of 1998) , the Honourable Supreme Court allowed bail to one Pehalwan from whom a few bags of poppy husk had been recovered and who had remained in custody for more than 11 months without trial having made any headway.

(3.) Bail allowed to the petitioner on the parity of reasoning given in Pehalwan's case (supra), to the satisfaction of CJM/Duty Magistrate, S.Mansa. Appeal allowed.