KHUKURANI JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The postal tracking report attached to the file indicates that the item has been delivered to the addressee on 21/8/2023. Hence, on 10. 01.2024 notice on opposite party no.2 was held to be sufficient.

(2.) This application under Sec. 439(2) of the Code of Criminal Procedure has been filed by the petitioner for cancellation of bail granted to the opposite party no.2 by order dtd. 16/2/2023 passed by the learned A.D.J. and Sessions Judge -cum- Special Judge (POCSO), Kendrapara in Talchua Marine P.S. Case No. 45 of 2018 corresponding to G.R. Case No. 67 of 2018 (POCSO) where charge sheet has been filed against the opposite party no.2 Sudhansu Jana for commission of offences punishable under Ss. 363, 366, 506, 376(3), 376(2)(n), 34 of IPC read with Sec. 6 of POCSO Act.

(3.) On 31/7/2023, notice had been issued to the opposite party no.2 only. On 10/1/2024 from the postal tracking report, this Court found that the item had been delivered to the addressee on 21/8/2023 and hence notice was held to be sufficient. As none appeared for the opposite party no.2 when the matter was called, in order to give him one more chance, the matter was adjourned to 31/1/2024 and the Registry was directed to verify if any counsel had appeared for the opposite party no.2 in the meanwhile.