Bombay High Court
SMITA BAPUSO PATILversusSTATE OF MAHARASHTRA AND ANR
- Disposal
- Allowed
Holding
The appeal was held to be infructuous and was disposed of.
Summary
Smita Bapuso Patil appealed against a conviction that carried a seven‑year sentence, having already served six years, eleven months and five days. The appeal was listed for hearing, but a report from the jail authorities indicated that she had completed her sentence on 20 August 2025 and was released. The appellant’s counsel submitted that, in view of the completion of the sentence, nothing remained to be decided and the appeal was therefore infructuous. The Court accepted this submission and disposed of the appeal without further substantive consideration. The order reflects the procedural principle that an appeal becomes moot when the sentence is fully served and the appellant is released.
Issues considered
- Whether a criminal appeal becomes infructuous and must be dismissed when the appellant has completed the sentence and been released?
Subjects
- criminal appeal
- sentence completed
- infructuous appeal
- procedural disposal
Judgment
901-Apeal-819-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 819 OF 2025
Smita Bapuso Patil ...Appellant
Versus
State of Maharashtra And Anr. ...Respondents
__________________________________________________________
Mr. Tejas Dande (through VC) a/w Shama Mulla, Advocate for the
Appellant.
PSI Nandkumar Patil a/w Lalasaheb Sayyed, Vishrambagh Police
Station, is present.
Mr. Shridhar Kumbhar, Liaison Officer, is present.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 3rd September, 2026.
P.C. :
1. Heard Mr. Tejas Dande, learned Advocate for the Appellant
and Mr. N. B. Patil, learned APP for the Respondent – State.
2. On 02.09.2026, the following order was passed :-
1. Ms. Shama Mulla, learned Advocate for the Applicant,
requests for an adjournment.
2. Perusal of the record indicates that the sentence
imposed on the Applicant is of seven years. The Applicant
apparently has undergone imprisonment for 6 years, 11
months and 5 days. As such, the Criminal Appeal No. 819
of 2025 is required to be considered on priority.
Arjun 1
901-Apeal-819-2025.doc
3. In view of the above, Interim Application No. 75 of
2025 is disposed of.
4. Criminal Appeal No. 819 of 2025 is directed to be listed
on 3rd September 2026, first on board.
3. Today, this matter was taken up for hearing. Mr. N. B. Patil,
learned APP for the Respondent – State, tenders a Report from the
Jail Authorities, stating that the Applicant has completed her
period of sentence on 20.08.2025 and that she has been released.
Same is taken on record and marked “X” with identification.
4. In view of the said Report (X), Mr. Tejas Dande, learned
Advocate for the Appellant, states that nothing survives in this
Appeal, it is rendered infructuous and that the same be disposed
of.
5. In view of the statement made by Mr. Tejas Dande, learned
Advocate for the Applicant, Criminal Appeal No. 819 of 2025 is
disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.04
18:31:58
+0530
Arjun 2
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