1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO.849/2009 Govind Shankar Bhagat......Petitioner V/s The Deputy Commissioner of Police and another......Respondents ............. Mr.S.R.Chitnis, Senior Advocate i/b Ms.V.R.Raje, for the Petitioner. Mr.S.S.Pednekar, APP for the State. ............. CORAM : A.S.OKA, J. Dated :- 06th May, 2009 PC :- 1 Heard the learned senior counsel appearing for the Petitioner and the learned APP for the State. 2 An order of externment under the provisions of the Bombay Police Act, 1951 has been passed against the Petitioner. The Petitioner preferred a statutory appeal before the State Government. The appeal is not yet heard and is kept for hearing on 13.05.2009, however, prayer for stay has been rejected. 3 My attention has been invited to the judgment and order dated 21.04.2009 passed by this Court in case of Manish Suresh Patil Vs. Assistant Commissioner of Police and others, in Criminal Writ Petition No.972/2009. 4 The order of externment is only for a period of 06 months. The remedy of preferring an appeal will become redundant if the stay is not granted till disposal of the appeal. Moreover, the impugned order is prima facie contrary to the law laid down by this Court. Hence, the petition is disposed of by passing the following order:- (i) The Appellate Authority will decide the appeal as expeditiously as possible and preferably within a period of eight weeks from today. (ii)Operation of the order of externment will remain stayed till the disposal of the appeal. 2 (iii)If the order in appeal is adverse to the Petitioner, the order of stay will continue to operate for a period of two weeks from the date on which the order of the Appellate Authority is communicated to the Petitioner. (iv)All the contentions on merits are kept open. (v) Writ Petition is disposed of in the above terms. JUDGE kps