1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CCRIMINAL APPELLATE JURISDICTION CCRIMINAL APPELLATE JURISDICTION CCRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 866 OF 2008 CRIMINAL WRIT PETITION NO. 866 OF 2008 CRIMINAL WRIT PETITION NO. 866 OF 2008 Ashraf @ Tatya Gulam Rasool Patel. .. Petitioners. vs. Padmakar Rokade & Anr. .. Respondents. Mr. P.M. Havnur for Petitioners. Mrs. A.A. Mane, APP., for the State. CORAM: SMT. NISHITA MHATRE, J. CORAM: SMT. NISHITA MHATRE, J. CORAM: SMT. NISHITA MHATRE, J. DATE : 30TH APRIL, 2008. DATE : 30TH APRIL, 2008. DATE : 30TH APRIL, 2008. P.C. . The petition challenges the externment order issued against the petitioner. An appeal has already been filed by the petitioner under the provisions of Section 60 of the Bombay Police Act. That appeal has been heard and the orders are awaited. The petitioner submits that till such orders are passed in the appeal, the order which is at Exhibit B-1 to the petition be continued since he is to undergo medical treatment. A certificate from the Civil Surgeon, Thane, dated 29.3.2008 is produced on record indicating that the petitioner is advised treatment and surgery for 2 appendicitis. The said medical certificate is taken on record. 2. In these circumstances, the learned APP consents to the following order being passed which will be in the same terms as the order dated 31.3.2008 at Exhibit B-1. 3. In view of the medical certificate dated 29.3.2008 issued by the Civil Surgeon, Thane as well as the certificate issued by Dr. A.B. Pawar of Sukhsagar Hospital & Research Centre, the petitioner may re-enter the limits of the restricted area on the following conditions. (1) During the period of re-entry, into the restricted area, the petitioner would not carry any weapons with him without the permission of Kashimira Police Station. (2) The petitioner shall mark his presence during the re-entry period with the Kashimira Police Station. (3) No crime should registered against him during his period of re-entry into the restricted area. 3 (4) If any of the aforesaid conditions are violated, the order of re-entry will stand automatically cancelled and the order of externment will come into operation. 4. The petitioner stands disposed of accordingly. (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.)