Indira Jain, J.

This Larger Bench is constituted by the Hon'ble the Chief Justice pursuant to the Reference made by a Division Bench of this Court (Coram : B.P. Dharmadhikari and A.S. Chandurkar, JJ.) by the order dated 26.08.2016 passed in Criminal Writ Petition No.386/2016 (Pankaj s/o Bhallaji Atram vs. State of Maharashtra and others).

2. The said Division Bench made the Reference in view of the divergence of views between two Division Benches of this Court in the case of Akram Ajij Shaikh .vs. State of Maharashtra and others (2013 AllMR(Cri) 3999) and the unreported decision of the Division Bench in Pankaj Bhallaji Atram vs. State of Maharashtra and others in Criminal Writ Petition No.386/2016. The divergence of views between the two Division Benches of this Court was as regards the need of attending pending court cases against externee to be a relevant circumstance to extern a particular person and non consideration thereof and not providing appearance therein is an instance of non application of mind vitiating the order of externment under Section 56 of the Mahara