The court disposed of a criminal writ petition concerning an externment order where the period had already elapsed. The court held that considering the validity of grounds was futile as stays do not extend statutory limits under Section 58.
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2023:BHC-AS:28548-DB
1/2 7 wp 1578.18.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Criminal Writ Petition No. 1578 of 2018
Sharad Vithal Koli ... Petitioner v/s. The State of Maharashtra & ors. … Respondents
With Criminal Application No. 172 of 2018 In Criminal Writ Petition No. 1578 of 2018
… Dayanand S/o Kallappa Sonage Applicant In the matter between Sharad Vithal Koli ... Petitioner v/s. The State of Maharashtra & ors. … Respondents
Mr Mahadeo A. Choudhari for the petitioner. Mr H.J. Dedhia, APP for the State.
CORAM : R.N.LADDHA, J.
DATE : 27 September 2023
P.C. :
Since the period of externment is already over, no useful purpose
would be served by considering the validity or otherwise of the grounds of externment. This Court in Sharad Chandanlal vs. State of Maharashtra1 , has already held that grant of stay of the order of High Court or State Government has no effect to extend outer limit fixed by section 58 for operation of order.
R.N. LADDHA, J.
Lata Panjwani, P.S.
1 1992 Mh.L.J. 1233
Colour shows how this judgement treated each authority
Sharad Chandanlal vs. State of MaharashtraReferred¶12
Sharad Chandanlal vs. State of Maharashtra 1
1 1992 Mh.L.J. 1233Referred¶18
Sharad Vithal Koli
The State of Maharashtra
R.N.LADDHA
Lata Panjwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court