1 wp-615-11 LRS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.615 OF 2011. Balkrishna Janu Mhatre ..Petitioner. Versus The Deputy Commissioner of Police, Zone-2, Panvel & anr ..Respondents. Mrs Vrishali R. Raje. for the Petitioner. Mr. Y.M. Nakhwa, A.P.P. for State. CORAM : A.R.JOSHI, J. DATED : MARCH 23, 2011 P.C. :- 1. Heard learned Counsel for the Petitioner and the Learned A.P.P. for the State. Perused the writ petition and material available on record. 2. This writ petition is preferred by the petitioner only for the limited relief. The petitioner prays for grant of stay to the externment order passed on 6th September, 2010 and served on 31st January, 2011. As such stay is prayed to the externment order during the pendency of the appeal preferred by the petitioner before the Competent Authority. It is submitted that on 3rd February, 2011 said appeal was preferred and the 2 wp-615-11 application for stay was heard on 10th February, 2011 and it was rejected apparently without giving any specific reason on 15th February,2011. Appeal is still pending before the Competent Authority and yet to be finally decided. 3. During the arguments, attention of this Court is drawn towards the ratio propounded by the authority, reported in 1988 (1) Bom.C.R. 131 (Shamkumar Arjun Dalvi Vs. The State of Maharashtra & anr.). In that matter also the Competent Authority declined to stay the order of externment during the pendency of the appeal. It is also argued before the Court that ratio of the said Authority has been taken shelter of by the another Bench in unreported decision dated 13th December, 2006 (Coram: Smt.Ranjana Desai,J) in group of matters being Writ Petition Nos. 2411 of 2006, 2412 of 2006, 2413 of 2006, 2416 of 2006 and 2417 of 2006. 4. Considering the ratio propounded in the authority of Shamkumar Arjun’s case (cited supra) and considering that no any reason is given while rejecting the application for stay during the pendency of the appeal by the Competent Authority, the limited relief as prayed in the present petition can be allowed with the following order. 3 wp-615-11 ORDER: (a) During the pendency of the appeal before the Competent Authority, in the present matter, the externment order dated 6th September, 2010 passed by Respondent No.1 is stayed. (b) During the pendency of the appeal, the petitioner shall attend Kalamboli Police Station on every day between 5:00 p.m. to 7:00 p.m. and should not indulge into any illegal activities. Needless to mention that for the breach of the present directions, the State is at liberty to move this Court for vacation of the said stay order. (c) Needless to mention that the Competent Authority shall dispose of the appeal, as expeditiously as possible, in accordance with law, without being influenced by any observations in the present order and granting of the interim stay during the pendency of the appeal before the Competent Authority. (d) Parties to act on an authenticated copy of this order. Petition is disposed of accordingly. (A.R. JOSHI, J.)