Bombay High Court
SANJAY DADA GELEversusSTATE OF MAHARASHTRA AND ORS.
- Disposal
- Disposed Off
Holding
The court disposed of the petition by accepting the respondent’s undertaking to hear the appeal and pass a decision within four weeks, thereby staying the externment order.
Summary
The petitioner, Sanjay Dada Gele, challenged a one‑year externment order dated 24 December 2025 passed by the Sub‑Divisional Officer, Vita. He argued that his appeal filed on 9 January 2026 had not been listed for hearing and that the four‑month period of the order had already elapsed, warranting a stay of the externment. The respondent’s counsel acknowledged the pending appeal and offered an undertaking that the appeal would be heard and decided within four weeks, i.e., by 5 June 2026. The court accepted this undertaking and disposed of the writ petition on those terms, effectively staying the externment pending the promised hearing. No substantive merits of the externment were examined; the order was vacated procedurally based on the respondent’s assurance.
Issues considered
- Whether the order of externment should be stayed pending hearing of the appeal?
- Whether the court can direct the respondent to hear the appeal and pass a decision within a specified time frame?
Subjects
- externment
- appeal
- stay of order
- criminal procedure
- writ petition
- high court
Judgment
927-Wp-315-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 315 OF 2026
Sanjay Dada Gele … Petitioner
Versus
State Of Maharashtra And Ors. … Respondents
——————
Mr. R. M. Shinde for the Petitioner.
Mrs. S.N. Deshmukh, A.P.P. for the Respondent-State.
——————
Coram : RANJITSINHA RAJA BHONSALE, J.
Date : 8th May 2026.
PER COURT :
1. Learned Advocate for the Petitioner by the present Petition seeks to
challenge the order dated 24th December 2025 passed by the Sub-Divisional
Officer, Vita in externment proceedings bearing No. Haddpar/SR/08/2025.
He submits that the Petitioner has been externed for a period of one year.
That, the Petitioner has preferred an appeal on 9 th January 2026, which is not
been listed for hearing, even once nor has any date has been assigned. He
would submit that, as the order is in operation since 24 th December 2025 and
period of four months has already expired, it is necessary that either the
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927-Wp-315-2026.docx
appeal be heard or the order of externment be stayed.
2. Learned A.P.P. would submit that the appeal against externment order
is pending. The alternate statutory remedy has been availed of. Learned
A.P.P., on instructions, submits that the appeal of the Petitioner would be
heard and the order would be passed within a period of four weeks from
today i.e. on or before 5th June 2026. The said statement is accepted.
3. The Petition is disposed of on the terms of the said statement.
[ RANJITSINHA RAJA BHONSALE, J. ]
Digitally signed
by OMKAR
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.05.09
16:06:41
+0530
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