Disposed¶23

Sumeet @ Shanu Sunil Bohot and Anr. v. the State of Maharashtra and Ors.

Bombay HC15 Jan 2025WP/137/2025

Case brief

AI extract

What is this about?

Externment appeal pendency; Maharashtra Police Act 1951 Section 60 appeal; externment order dated 9 November 2024 externing petitioners from Pune District and Pune Commissionerate for two years; appeal filed 4 December 2024 pending without stay; over three months of externment period lapsed; appellate authority to act with heightened seriousness and promptness as externment is a preventive measure impacting rights; Respondent No.2 directed to decide appeal within three weeks; petition disposed; Bombay High Court Criminal Writ Petition 137 of 2025; R.N. Laddha J.; 15 January 2025.

What did the court decide?

Direction to Respondent No.2 to decide the petitioners' externment appeal filed on 4 December 2024 within three weeks; the petition stands disposed of accordingly. ¶23

Sumeet @ Shanu Sunil Bohot and Anr. vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Respondent No.2 to decide the petitioners' externment appeal filed on 4 December 2024 within three weeks; the petition stands disposed of accordingly.

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Issue for consideration

Whether the appellate authority should be directed to expeditiously decide the petitioners' externment appeal dated 4 December 2024 filed under Section 60 of the Maharashtra Police Act, 1951, which remains pending without any stay of the externment order.

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Court's answer

It is imperative that the Appellate Authority addresses such externment appeals with seriousness and urgency, as these matters impact the rights of the parties involved.

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Ratio / Principle

Externment being a preventive measure, the Appellate Authority is expected to act with heightened seriousness and promptness in dealing with such appeals.

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Key takeaways

Respondent No.2 is directed to decide the petitioners' externment appeal filed on 4 December 2024 within a period of three weeks from the date of the order.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Criminal Writ Petition No.137 of 2025, R.N. Laddha, J., 15 January 2025. The petitioners, externed from the limits of Pune District and Pune Commissionerate for two years by an order dated 9 November 2024, had filed an appeal on 4 December 2024 under Section 60 of the Maharashtra Police Act, 1951, which remained pending without any stay, resulting in more than three months of the two-year externment period lapsing. Restricting themselves to prayer clause (c), the petitioners sought directions to the Divisional Commissioner, Pune Region, for expeditious disposal of the appeal. The Court held that it is imperative for the Appellate Authority to address such appeals with seriousness and urgency as they impact the rights of the parties, and that externment being a preventive measure, the Appellate Authority is expected to act with heightened seriousness and promptness. Respondent No.2 was directed to decide the externment appeal filed on 4 December 2024 within three weeks, and the petition was disposed of accordingly.

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SMITAJOHNSON Digitally signed bySMITA JOHNSONGONSALVESDate: 2025.01.16 GONSALVES 16:43:49 +0530

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20.wp137-25.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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Criminal Writ Petition No.137 of 2025

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Sumeet @ Shanu Sunil Bohot and Anr. … Petitioners

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versus

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The State of Maharashtra and Ors. … Respondents

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Mr Rahul S Kadam, a/w. Mr Vedant Babar, for the petitioners. Mr VN Sagare, APP, for respondent No.1/ State.

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PSI Kiran Balip and PC 2208 Amol Salunkhe, are present.

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Coram: R.N. Laddha, J. Date: 15 January 2025.

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P.C.:

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. The learned Counsel for the petitioners submits that the petitioners are restricting their request to prayer clause (c) in the petition and seek directions to the Divisional Commissioner, Pune, Region Pune, for expeditiously deciding their externment appeal dated 4 December 2024 filed under Section 60 of the Maharashtra Police Act, 1951. The petitioners were externed from the limits of Pune District and Pune Commissionerate for a period of two years by an order dated 9 November 2024. Subsequently, they filed an appeal under Section 60 of the said Act on 4 December 2024. However, the appeal remains pending, and no stay has been granted. As a

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15 January 2025

20.wp137-25.docx

result, more than three months of two-year externment period have already lapsed.

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Considering this situation, it is imperative that the Appellate Authority addresses such appeals with seriousness and urgency, as these matters impact the rights of the parties involved. Being a preventive measure, the Appellate Authority is expected to act with heightened seriousness and promptness in such cases.

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Hence, the following order:

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ORDER

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Respondent No.2 is directed to decide the petitioners’ externment appeal filed on 4 December 2024 within a period of three weeks from today.

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The petition stands disposed of accordingly.

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Page 2 of 2

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15 January 2025

Sumeet @ Shanu Sunil Bohot and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

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Sumeet @ Shanu Sunil Bohot and Anr. v. the State of Maharashtra and Ors.

Case brief

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What the court decided

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