3. cr wp 2916-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2916 OF 2010 Suresh @ Chimya Shantaram Nikalje .. Petitioner Vs The Principal Secretary of Home Department, Mantralaya, Mumbai & Anr .. Respondets Mr. Rahul Kadam for the Petitioner Mrs. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 8th OCTOBER, 2010. P.C.: 1. Heard learned advocate for the petitioner and learned APP for the State. 2. The petitioner has preferred the appeal challenging the order of externment. The appeal is pending before the Home Department. Pending the appeal, the petitioner preferred an application for stay. Even the stay application is not taken up for hearing by the appellate authority. 3. The grievance of the petitioner is that he is suffering from orthopedic joint problems and he has been advised by the hospital for operation of his right and left hip joint, hence, he preferred an application for stay pending 1 3. cr wp 2916-10.doc the appeal. He submitted that on account of medical problem, it is very difficult from the petitioner to move, hence, at least, the appeal may be disposed of expeditiously. In support of the contention that the applicant is suffering from medical problem, medical certificates issued by Sancheti Hospital, Pune have been annexed. 4. In the peculiar facts of this case, the appellate authority to dispose of the pending appeal within a period of two weeks from the date of communication of this order. 5. Petition disposed of in above terms. [SMT. V.K. TAHILRAMANI, J.] 2 3. cr wp 2916-10.doc 3