1 prod-181-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.181 OF 2011 IN WRIT PETITION NO.800 OF 2011 Mr. Jumma Abdul Khan .. Applicant. V/s. The State of Maharashtra & Others .. Respondents. Mr. N.N. Gavankar i/b. Mr. Arfan Sait, for the Applicant. Mr. J.P.Kharge, A.P.P. for Respondent-State. Mr. Nitin Palkar, Assistant, Home Dept., Sp.3(A), present. CORAM : A.R.JOSHI, J. DATE : 1st APRIL, 2011. P.C.: Not on board. Upon mentioning, taken on board. 1 Rule. Rule made returnable forthwith for final hearing. 2 Heard rival submissions for sometime on this Writ Petition and accompanied applications only for limited questions to be decided in the present Writ Petition. The Externment order was passed against present Petitioner on 15th March, 2011 and he was externed from 2 prod-181-11.sxw Brihanmumbai and Brihanmumbai Suburban Districts for the period of one month from 15th March, 2011. Externment period will be over by 15th April, 2011 as Externment order was served on present Petitioner on the same day of the order. Appeal was preferred before competent authority on 17th March, 2011 and application was made for interim stay to the order of Externment. However, the same was rejected with following order. “ Heard Adv. on stay application expedite hearing stay rejected.” 3 Thereafter, Petitioner pressed before the said appellate authority for expeditious hearing. However, the ground was mentioned by the Officer then present that the appellate authority which was seized of the matter was on leave and after she will resume the duty, further date shall be given. 4 Now, today on 1st April, 2011, just prior to 15 days of the extinction of the order, the present Writ Petition is filed only for the limited purpose of stay to the externment order during pendency of the said appeal. 3 prod-181-11.sxw 5 The responsible officer from the appellate authority is present and on his instructions, learned A.P.P. submitted that the appellate authority shall decide the appeal within a reasonable time. Hence, the following order:- ORDER (a) Stay to the Externment Order is granted till the final decision of pending appeal bearing no. 59 of 2011 before the competent authority i.e. The State of Maharashtra. Directions are given that the said appeal to be heard and finally disposed off within a period of one week from today. (b) With the above directions, Criminal Application is disposed off. (A.R.JOSHI, J.)