(1) () WP 1154/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk WRIT PETITION NO. 1154 OF 2011 Razak Hasan Dhokadia .. Petitioner Vs. The State of Maharashtra .. Respondent Mr. A.H.H. Ponda i/b S. C. Halli for the Petitioner. Mr. J. P. Kharge, APP for the State. CORAM : MRS. ROSHAN DALVI, J. Date : 29th April, 2011. P.C. 1. Mentioned. Not on board. Taken on board. 2. The Applicant/Petitioner has been externed for one month under the order dated 18.04.2011. The Appellate Court has rejected his application for stay of the externment order. By way of this urgent application he applies for stay. Mr. Ponda on his behalf relies upon the Judgment of the Division Bench of this Court in the case of Shamkumar Arjun Dalvi Vs. The State of Maharashtra & another 1988 (1) Bom. C. R. 131, in which it is held that since statutory appeal is provided, it would be just and fair that pending the appeal in case of externment, the externment is stayed. 3. Mr. Ponda drew my attention to the order of this Court dated 8th October, 2010 in which the Applicant is stated to have been granted anticipatory bail being one of the accused in C. R. 315/2010 which is reflected in the externment order showing inter alia the role of (1) () WP 1154/11 the Applicant/Petitioner along with one Afaq Shabbir Khan. 4. The said Afaq has filed Writ Petition No. 1017 of 2011 in which the externment order dated 28.03.2011 passed against him has been stayed. 5. Mr. Ponda states that both these orders arise out of the same transaction. Consequently the effect of the externment order dated 18.04.2011 passed against the Petitioner is stayed pending the disposal of the Appeal No. 81 of 2011 filed by the Appellant before the competent authority. 6. On the application of the Ld. APP, the Appeal is expedited. Affidavit on behalf of the State is taken on record. 7. Writ Petition is disposed of accordingly. (ROSHAN DALVI , J.)