Allowed

Razak Hasan Dhokadia v. the State of Maharashtra and Ors.

Bombay HC29 Apr 2011WP/1154/2011

Case brief

AI extract

What is this about?

In WP 1154/11, the petitioner, Razak Hasan Dhokadia, sought a stay on an externment order passed against him. Relying on Shamkumar Arjun Dalvi, the court stayed the externment pending the disposal of an expedited appeal by the State. The writ petition disposed of accordingly.

What did the court decide?

Stay on the externment order dated 18.04.2011 against the petitioner pending disposal of Appeal No. 81 of 2011.

Razak Hasan Dhokadia Vs the State of Maharashtra and Ors. — Bail and Remand | Bombay HC (2011)

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(1) () WP 1154/11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

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Amk

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 WRIT PETITION NO. 1154 OF 2011

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Razak Hasan Dhokadia.. Petitioner

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Vs.

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The State of Maharashtra

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.. Respondent

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Mr. A.H.H. Ponda i/b S. C. Halli for the Petitioner.
Mr. J. P. Kharge, APP for the State.

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CORAM: MRS. ROSHAN DALVI, J.
Date: 29th April, 2011.

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P.C.

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1.Mentioned. Not on board. Taken on board.

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2.The Applicant/Petitioner has been externed for
one month under the order dated 18.04.2011. The
Appellate Court has rejected his application for stay of
the externment order. By way of this urgent application
he applies for stay. Mr. Ponda on his behalf relies upon
the Judgment of the Division Bench of this Court in the
case ofShamkumar Arjun Dalvi Vs. The State of
Maharashtra & another 1988 (1) Bom. C. R. 131, in which
it is held that since statutory appeal is provided, it
would be just and fair that pending the appeal in case of
externment, the externment is stayed.

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3.Mr. Ponda drew my attention to the order of
this Court dated 8th October, 2010 in which the Applicant
is stated to have been granted anticipatory bail being
one of the accused in C. R. 315/2010 which is reflected
in the externment order showing inter alia the role of

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(1) () WP 1154/11

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the Applicant/Petitioner along with one Afaq Shabbir
Khan.

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4.The said Afaq has filed Writ Petition No. 1017
of 2011 in which the externment order dated 28.03.2011
passed against him has been stayed.

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5.Mr. Ponda states that both these orders arise
out of the same transaction. Consequently the effect of
the externment order dated 18.04.2011 passed against the
Petitioner is stayed pending the disposal of the Appeal
No. 81 of 2011 filed by the Appellant before the
competent authority.

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6.On the application of the Ld. APP, the Appeal
is expedited. Affidavit on behalf of the State is taken
on record.

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7.Writ Petition is disposed of accordingly.

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(ROSHAN DALVI , J.)

Razak Hasan Dhokadia v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Razak Hasan Dhokadia v. the State of Maharashtra and Ors.

Case brief

What is this about?

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What the court decided

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