Research › Search › Judgment

Bombay High Court · body

2015 DIGILAW 2300 (BOM)

Cleophus @ Clifford @ Calfa Fernandes v. State of Goa

2015-10-07

K.L.WADANE

body2015
Judgment Heard Mr. S.G. Bhobe, learned counsel appearing for the petitioner and Mr. S.R. Rivankar, learned Public Prosecutor appearing for the respondents. 2. Rule. Heard forthwith with the consent of the learned counsel. 3. Mr. S.R. Rivankar, learned Public Prosecutor waives service on behalf of the respondents. 4. The respondent no.2 by its order dated 14.09.2015 externed the petitioner from the North Goa District for a period of two years with other directions. Against the said order passed by the respondent no.2, the petitioner preferred an appeal before the respondent no.3 which is pending. After the order passed by the respondent no.2 on 14.09.2015, the respondent no.2 has granted stay to its order for another 10 days. On 23.09.2015, the appeal was presented by the petitioner before the respondent no.3 along with the application for stay. However, the respondent no.3 has not yet decided the said application. 5. Mr. Bhobe, learned counsel appearing for the petitioner has argued that no dates of the hearing were communicated to the petitioner's Advocate. Therefore, it is difficult for the Advocate to know the actual date of the hearing. He further argued that if the stay is not granted to the order passed by the respondent no.2 then the appeal preferred by the petitioner before the respondent no.3 will become infructuous. 6. Mr. Rivankar, learned Public Prosecutor has no objection to allow the petition. 7. Hence, the following order : Order (i) The petition is allowed. (ii) Pending hearing and disposal of the petitioner's appeal before the respondent no.3, there shall be stay to the impugned order of the externment. (iii) The respondent no.3 shall dispose of the appeal as expeditiously as possible but preferably within a period of 15 days from the date of communication of this order. If the appeal of the petitioner is dismissed by the respondent no.3, the order of the externment should not be enforced for a period of two weeks from the service of the order upon the petitioner. (iv) The respondent no.3 shall intimate the date of the hearing to the petitioner's Advocate in writing. (v) Rule is made absolute in above terms. (vi) The petition stands disposed of accordingly.