IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024 [arising out of SLP (Crl.) No. 10334/2024]
NARESH KUMAR Appellant
VERSUS
THE STATE OF HARYANA Respondent
With
CRIMINAL APPEAL NO. OF 2024 [arising out of SLP (Crl.) No. 11180/2024]
MAHESH Appellant
VERSUS
THE STATE OF HARYANA Respondent
O R D E R
1. Leave granted.
2. The judgment and order dated 5th July, 2024 of the High Court of Punjab
and Haryana at Chandigarh is under challenge in these appeals. By the
impugned order, the High Court allowed the application of the respondent-State
of Haryana under Section 439(2) of the Code of Criminal Procedure, 1973 and
cancelled the bail granted by the Special Judge vide orders dated 18th August,
2022 and 6th August, 2022 to the appellants Naresh and Mahesh, respectively.
3. It is not in dispute that the appellants were found to have been involved in
commission of offences punishable under Sections 20, 61 and 85 of the Narcotic
Drugs and Psychotropic Substances Act, 1985, and that they are facing trial. It is
2
also not in dispute that despite the charge-sheet under Section 173(2) of the Cr.
PC having been filed on 13th October, 2022, the trial has progressed only to the
stage of recording ...