Saurabh Sanjay Malvadkar vs The State Of Maharashtra And Ors
2022 Latest Caselaw 1774 Bom

                                                                       15-cr-wp-534-22.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally
         signed by                CRIMINAL APPELLATE JURISDICTION
                                     WRIT PETITION NO.534 OF 2022
         DINESH
DINESH   SADANAND
SADANAND SHERLA
SHERLA   Date:
         2022.02.23
         18:17:37
         +0500
                      Saurabh S. Malvadkar                          ... Petitioner.
                           V/s.
                      The State of Maharashtra and ors.             ... Respondents

                                                ----------------
                      Mr. Rahul S. Kadam for the Petitioner.
                      Mr. K.V. Saste, APP for the Respondent - State.
                                                ----------------

                                         CORAM      :    S.S. SHINDE &
                                                         N.R. BORKAR, JJ.
                                         DATE       :    22.02.2022.
                      P.C.

                      1]      Mr. Rahul Kadam, learned counsel appearing for the

                      petitioner, submits that an order of externment passed by the

                      competent authority on 23.11.2020 externing the petitioner

                      from the municipal limits of Pune and Pimpri-Chinchwad is

                      under challenge in this petition. It is submitted that the

                      petitioner fled an appeal before the appellate authority on

                      23.12.2020. It is      further submitted     that the appellate

                      authority has not decided the stay application fled along with

                      appeal within one week from fling of appeal.



                      2]      By inviting our attention to the judgment of Full Bench of

                      this Court (Coram: A.S. Oka, A.K. Menon and P.D. Naik, JJ. ) in


                      Dinesh Sherla                                                          1/4
                                                                     15-cr-wp-534-22.doc


the case of Sachin Yeshwant Pokre vs. Jayprakash M.

Jadhav and ors.1 and more particularly, in para 12 and 13

thereof, the learned counsel for the petitioner submits that

the petitioner has fled the appeal in December 2021 along

with stay application, however, the appeal and an application

for stay has been kept pending by the appellate authority.

Therefore, he prays that the appellate authority may be

directed to decide the appeal itself.



3]       On the other hand, Mr. K.V. Saste, learned APP appearing

for the respondents/ State invites our attention to the orders

passed by this Court (Coram: Nitin Jamdar and Sarang V.

Kotwal,JJ.) in the case of Mahendra R. Waghmare vs. The

State of Maharashtra and ors.2 and also the order passed

by this Court (Coram: Prasanna B. Varale & Anil S. Kilor, JJ.) in

the case of Vijay @ Pappu Bajrang Phadke vs. The State

of Maharashtra and ors.3, and submits that, this Court in

said case did not not give directions to the appellate authority

to decide the appeals of those petitioners expeditiously,

keeping in view of the fact that there may be old appeals

1    2016(5) Mh.L.J. 23
2    Criminal Writ Petition No. 3535 of 2021 decided on 8.10.2021
3    Criminal Writ Petition No. 320 of 2022 decided on 09.02.2022

Dinesh Sherla                                                                             2/4
                                              15-cr-wp-534-22.doc




fled, prior to the fling of the petitioners appeal, might be

pending before the appellate authority.



4]      We have given careful consideration to the rival

submissions with able assistance of the learned counsel

appearing for the petitioner and the learned APP. We have

carefully perused the grounds taken in the petition, annexures

thereto and the judgement of the Full Bench in the case of

Sachin Pokre (supra) and the orders passed by this Court in

Mahendra Waghmare (supra) and Vijay @ Pappu Bajrang

Phadke (supra). We are of the opinion that the appeal fled by

the petitioner is pending for considerable period. The

petitioner has been externed from the municipal limits of

Pune and Pimpri-Chinchwad for two years and out of said

period 15 months time is already elapsed. Because of the

order passed by the externing authority, the fundamental

right of the petitioner to move from one place to another

place so also residing at particular place of his choice has

been curtailed.




Dinesh Sherla                                                      3/4
                                                    15-cr-wp-534-22.doc


5]      In that view of the matter, in the peculiar facts and

circumstances of this case, we are inclined to partly allow the

petition and direct the appellant authority to decide the

appeal itself, as expeditiously as possible and in any case

within four weeks from today. Accordingly, we pass the

following order :



                               ORDER

a] Appellate authority, i.e. respondent No.2 - The

Divisional Commissioner of Pune Region, Pune is directed

to decide the appeal fled by the petitioner, if already not

decided, on its own merits and in accordance with law, as

expeditiously as possible and in any case within four

weeks from today.

b] With aforesaid directions, Writ Petition is disposed

of.

      (N.R. BORKAR, J.)                    (S.S. SHINDE, J.)




Dinesh Sherla                                                            4/4