Disposed

Nilesh Govind Aarde v. the State of Maharashtra and Others

Bombay HC4 Feb 2014WP/88/2014

Case brief

AI extract

What is this about?

High Court of Bombay rejected a criminal writ petition as the appeal against the externment order was pending. Court directed appellate authority to decide within one and a half months, directing an interim stay if delayed.

What did the court decide?

Petition dismissed with direction to appellate authority to dispose of pending appeal within one and a half months, otherwise an interim stay shall be passed.

Nilesh Govind Aarde Vs the State of Maharashtra and… — Criminal Trial and Appeal | Bombay HC (2014)

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Cri.W.P.88.14.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO. 88 OF 2014

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Nilesh Govind Aarde Age : 38 years, Occ : Agri., R/o Navnagapur, Tq. Nagar, Dist. Ahmednagar.

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.. PETITIONER

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-VERSUS-

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The State of Maharashtra

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Through Principal Secretary, Home Department, Mantralaya, Mumbai – 32.

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The Sub-Divisional Magistrate, Nagar Division, Ahmednagar.

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The Sub Divisional Police Officer, Nagar Rural Sub-Divisin, Ahmednagar, Dist. Ahmednagar.

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.. RESPONDENTS

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Advocate for Petitioner : Mr. N.V. Gaware APP for Respondents : Mr. S.B. Pulkundwar

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CORAM : ABHAY M. THIPSAY, J.

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Dated: February 04, 2014

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ORAL JUDGMENT :-

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Rule. By consent, Rule made returnable forthwith.

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The Respondents waive service. By consent, heard finally.

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Cri.W.P.88.14.odt

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The appeal filed by the petitioner challenging the order of externment is pending before the appellate authority. The application for stay of the impugned order was rejected by the appellate authority, by an order dated 10.01.2014. The grievance of the petitioner is that the stay application has been rejected without recording any reasons. He submitted that the appellate authority was forced to dispose of the stay application only because of the orders passed by this Court.

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The learned Additional Public Prosecutor was directed to take specific instructions as to whether the Appellate Authority is in a position to specify the approximate time required for disposal of the appeal. The learned Additional Public Prosecutor now submits that the appellate authority states that the appeal would be disposed of within a period of one and half months.

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In view of this, I do not think it fit to pass any further order in the present Writ Petition. I do not intend to pass any further order except for the purpose of giving appropriate directions to the appellate authority to dispose of the said appeal within a period of one and half month from today.

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The statement made by the Additional Public Prosecutor that the appeal filed by the petitioner shall be decided by the appellate authority within a period of one and half month

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Cri.W.P.88.14.odt

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from today, is accepted.

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In view of the statement, the Petition is disposed of, with a direction that in case, the appellate authority is unable to dispose of the appeal within a period of one and half month, as undertaken, it shall pass an interim order staying the operation of the impugned order i.e. the order dated 29.11.2013 till the disposal of the appeal.

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The Petition is disposed of in the aforesaid terms.

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Rule is made absolute accordingly.

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Sd/-

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( ABHAY M. THIPSAY, J. )

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sga/-

Nilesh Govind Aarde v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Nilesh Govind Aarde v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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