1 WP.1017-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1017 OF 2011 Mr.Afaq Shabir Khan. .. Petitioner. Versus State of Maharashtra and others. .. Respondents. .... Mr.Aabad H. Ponda, Advocate a/w. Mr.Sudhir Halli, Advocate for the Petitioner. Mr.J.P. Kharge, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. DATED : 08th APRIL, 2011. P. C. : 1. Not on board. Mentioned. Taken on board. 2. Rule. Rule made returnable forthwith by consent of the parties for final hearing. 3. Heard rival submissions for sometime on this Writ Petition No.1017 of 2011. Only limited question is canvassed asking for the stay to the externment order during pendency of the appeal preferred by the present petitioner before the competent authority. 2 WP.1017-11 4. Earlier same petitioner preferred another Writ Petition No.942 of 2011 before this Court and vide order dated 1st April, 2011 directions were given to the competent authority to decide the stay application as expeditiously as possible and within five days from the date of the order. 5. Today, attention of this Court is drawn towards the communication dated 5.4.2011 made by Under Secretary to Government of Maharashtra addressed to the Advocate on record for the present petitioner. Said written communication is annexed at page No.65 in the accompaniments to the present Writ Petition, wherein it is noticed that the Appellate Authority has rejected the request for stay. 6. In the earlier order of this Court in Writ Petition No.942 of 2011 dated 1st April, 2011 specific observations were made regarding the view held by Division Bench of this Court expressed in the authority 1988(1) Bom.C.R. 131 Shyamkumar A. Dalvi Vs. The State of Maharashtra and another. Considering the ratio of the said authority, in the opinion of this Court, present Writ Petition is to be allowed with the following order :- 3 WP.1017-11 :: O R D E R :: [i] The effect of the externment order dated 28.3.2011 is stayed till the final hearing and disposal of the pending Appeal No.69 of 2011 before the Competent Authority. The Competent Authority shall make endeavour to dispose of such pending appeal as expeditiously as possible. [ii] With these directions, Writ Petition is disposed of. Rule made absolute accordingly. (A. R. JOSHI, J.) PPD