RATNAKER BHENGRA, J. - (1.) On 17 July, 2019 the following order was passed by this court: "On 20.06.2019, the following order was passed by this Court; "Mr. Sanjay Kr. Prasad, the learned counsel appears and states that Mr. Sunil Kumar, the learned counsel who has filed this criminal appeal on behalf of the appellants has now assumed the charge of Government Advocate. Mr. Gouri Shanker Prasad, the learned A.P.P appears for the State. Let a notice indicating the next date of hearing be served through the Officer-in-Charge, P.S.-Gumla, upon the appellants namely, (1) Kamala Oraon, son of Budhu Oraon and (2) Loko Oraon, son of late Gyano Oraon, resident of Village- Chuglu Parkitoli, P.S.- Gumla, District-Gumla. The Registry shall hand over copies of the notices for service upon the appellants to the learned A.P.P, for onward transmission. Additionally, the Registry shall transmit a copy of this order to the Superintendent of Police, Gumla, for compliance. The Secretary, Jharkhand High Court Legal Services Committee shall ascertain through Para Legal Volunteers whether the appellants want legal aid. The learned A.P.P shall obtain a report from the concerned Jail Superintendent on period of custody of the appellants. Let a complete set of the paper-book be served upon the learned A.P.P, if already not supplied. Post the matter on 10.07.2019 under the heading "For Orders". Let a copy of the order be given to the learned A.P.P and the Secretary, Jharkhand High Court Legal Services Committee, for compliance." The appellant namely, Loko Oraon was granted bail by this Court vide order dated 18.04.2003 and the appellant namely, Kamala Oraon was granted bail vide order dated 16.08.2005. Pursuant to the order dated 20.06.2019, a report as directed by this Court was not filed, however, a report from the Jharkhand High Court Legal Services Committee was received. It was stated that mother of the appellant namely, Kamala Oraon has informed that her son was killed on 13.07.2008 and his nephew namely, Loko Oraon has left home about 10 years back. This report is dated 06.07.2019. On 10.07.2019 when the matter was taken up for hearing, Mr. Santosh Kumar Soni, the learned counsel appeared and made a statement that no further instruction was received from the appellants. The order dated 10.07.2019 records that the appellant no. 1 namely, Kamala Oraon has passed away and, accordingly, the officer-in-charge, P.S. Gumla was directed to file an affidavit on death of appellant no. 1 namely, Kamala Oraon.
(2.) After the hearing in this criminal appeal started to a query from Gouri Shanker Prasad, the learned Spl. P.P whether an affidavit on status of the appellant no. 2 namely, Loko Oraon has been filed or not he says that the appellant no. 2 is traceless, however, no affidavit has been filed. Neither the order dated 20.06.2019 nor the order dated 10.07.2019 has been complied by the officer-in-charge, P.S. Gumla.
(3.) Accordingly, constrained hearing of this criminal appeal has to be adjourned.;