1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2270 OF 2009 Shaikh Galib Shaikh Harun ..Petitioner versus The State of Maharashtra & Ors. ..Respondents Mr. A. K. Patil for Petitioner. Mr. D. R. More APP with Ms. A. T. Jhaveri – APP for State. CORAM : S. A. BOBDE, J. DATED : 11TH SEPTEMBER, 2009. P.C. : 1. Heard. 2. The learned counsel for the petitioner has stated that the petitioner is a prospective candidate for a recognized political party and that he intends to attend the interview for selection as a candidate within the area from which he has been externed. 3. The learned APP states that inspite of written direction, the concerned officer has not remained present in the court nor has he intimated when he would be present. 2 4. It appears that the SDO, Malegaon, has not considered the application made by the petitioner for permission to enter the area in question for the purposes of an interview but has merely asked him to specify the date and day as to when he wants to file nomination. It appears that the SDO, Malegaon, has not understood the situation at all. There would not be any question of filing the nomination unless the petitioner is selected as a candidate. The petitioner wants to enter the area for the said purpose. 5. Having regard to the urgency of the situation, it would be appropriate to decide the application made by the petitioner having regard to the provisions of Section 62 of the Bombay Police Act, 1961. The petitioner shall be entitled to enter the area for the purposes of the interview for selection as a candidate for the ensuing elections by his political party i.e. Maharashtra Nav Nirman Sena for a period of fifteen days from tomorrow 12th September 2009. The petitioner shall however execute the bond with the SDO, Malegaon, of good behaviour for the aforesaid period and shall not make any attempts to influence any witnesses or exercise undue influence over any person. The bond shall be valued at Rs.1,00,000/- (Rupees One Lac). Amount whereof shall be liable to be forfeited in case the petitioner breaches any of the conditions of the bond. 3 6. The petitioner shall report to the Manmad City Police Station as and when required by the Police by notice in writing. 7. The petitioner shall be entitled to renew this application for an extended period in case he is selected as a candidate by his political party for contesting the election. 8. Order accordingly. (S. A. BOBDE, J.)