1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.972 OF 2009 Manish Suresh Patil ...Petitioner Vs. The Asstt. Commissioner of Police & Ors..Respondents Mr. Suresh M. Sabrad for Petitioner Mr. V.N. Konde Deshmukh, A.P.P CORAM: SMT. RANJANA DESAI & SHRI. R.G. KETKAR, JJ. DATED : 21ST APRIL, 2009 P.C. 1. The case of the petitioner is that against the externment order dated 6th April 2009 issued by respondent 2, he has filed an appeal which is pending with the State Government. The grievance of the petitioner is that the State Government has refused to stay the externment order during the pendency of the Appeal. Our attention is drawn to the judgment of this Court in Shamukumar Vs. State of Maharashtra 1988(1) Bom.C.R. 131, wherein this Court has held that in externment matter when an appeal is provided by the Statute and the same is filed, it is just and fair that pending the appeal, the externment is stayed. This Court has further 2 observed that refusal in that behalf may, in a given case, render the appeal itself infructuous. This view is followed by one of us (Smt. Ranjana Desai, J.) in Criminal Writ Petition No.2411/2006, and companion writ petitions decided on 13th December 2006. In view of this learned A.P.P states that the State Government will dispose off the Appeal within a period of one month from the date of receipt of the order by it. We accept this statement. In view of this we direct that the externment order shall remain stayed without prejudice to the contentions of the respondents till such time as the appeal preferred by the petitioner is heard and finally disposed of by the State Government and for a period of two weeks after the appeal is disposed of if the order is against the petitioner. 2. The writ petition is disposed of accordingly. (SMT. RANJANA DESAI, J.) (SHRI. R.G. KETKAR, J.)