1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1114 OF 2009 Ashok Waman More ...Petitioner Vs. Sub Divisional Officer & Anr. ...Respondents Mr.R.D. Suryavanshi for Petitioner Mr.A.S.Gadkari, A.P.P CORAM: SMT. RANJANA DESAI & SHRI. R.G. KETKAR, JJ. DATED : 29TH APRIL, 2009 P.C. 1. An order of externment dated 7th April, 2009 has been passed against the petitioner. The petitioner is sought to be externed from Thane, Raigad, Ratnagiri, Nashik and Mumbai Suburban, Brihanmumbai for the period of 2 years. Against that order the petitioner has preferred an appeal, which is pending with the State Government. 2. It is the case of the petitioner that on 27th April, 2009 the Counsel for the petitioner argued the stay application before the State Government. However, he was informed that there is no provision for stay of the externment order. 2 3. We may note at this stage that the petitioner is going to get married on 17th May, 2009. A marriage invitation card is annexed to the petition. 4. In the case of Shamukumar Vs. State of Maharashtra 1988(1) Bom.C.R. 131 this Court has held that in externment matter when an appeal is provided by the Statute and the same is filed, it is just and fair that pending the appeal, the externment is stayed. This Court has further observed that refusal in that behalf may, in a given case, render the appeal itself infructuous. This view is followed by us in Criminal Writ Petition No.972 of 2009. In our opinion, therefore, the State Government should have stayed the externment order or atleast should have decided the said application by passing a reasoned order. 5. In the peculiar facts and circumstances of this case, since the petitioner is going to get married on 17th May, 2009 and since State Government has refused to stay the externment order, we direct it to decide the petitioner's appeal within a period of 4 weeks from the date of receipt of this order by it and communicate the result to the petitioner. Needless to say that till such time as the appeal is heard and finally decided by the State 3 Government, and if the order passed by the State is adverse to the petitioner, the same should not be implemented for a period of 2 weeks from the date of the order. We make it clear that we have not expressed any opinion on the merits of the case and State Government shall decide the appeal pending before it independently and in accordance with law. 6. The petition is disposed of in the aforestated term. (SMT. RANJANA DESAI, J.) (SHRI. R.G. KETKAR, J.)