spb/- 1 wp1107-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1107 OF 2011 Vikas Sarjerao Nikalje ... Petitioner . V/s. State of Maharashtra & Ors. ... Respondents. --- Mr. Rahul S. Kadam for the Petitioner. Mr. A.S.Gadkari, APP for the State. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 25TH APRIL, 2011. P.C. 1 Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2 The petitioner by this petition prays for grant of stay to the order of externment dated 25.08.2010 and also prays that the respondent no.2 -appellate authority be directed to decide the appeal filed by the petitioner herein on 22.03.2011 i.e. Appeal No. 61 of 2011. It appears that the petitioner had submitted an appeal taking exception to the order of externment which was passed against the petitioner. The petitioner had also submitted an application for stay. That application came to be rejected by the respondent by order dated 6th April, 2911. In this petition there is no challenge to the aforesaid order as there is no prayer spb/- 2 wp1107-11.sxw in the petition for quashing and setting aside this order. In the light of the fact that the petitioner has prayed for directing appellate authority to decide the Appeal of the petitioner, we request the learned APP to seek instructions as to within how much time the respondent no.2 would decide the appeal. The learned APP states on instructions that the appeal filed by the petitioner would be decided on merits within four weeks from today. We accept the aforesaid statement as an undertaking to the court. In the light of the said statement, therefore, we make Rule absolute by allowing petition in terms of prayer clause (c) to the petitioner by directing the respondent no.2 to decide the appeal filed by the petitioner within four weeks from today and communicate the decision thereon to the petitioner. In the circumstances, there shall be no order as to costs. [M.N.GILANI,J.] [P.V. HARDAS, J.]