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Bombay High Court

SHAIKH TANVEER MOHAMMED SHAFIversusUNION OF INDIA AND ANR

Decided
Disposal
Disposed Off

Holding

A pending criminal application is to be disposed of as infructuous when the trial court has already passed a final order on the same relief.

Summary

The applicant, Shaikh Tanveer Mohammed Sha, filed a criminal application before the Bombay High Court seeking relief, presumably bail, against the Union of India and others. The applicant's counsel informed the court that the trial court had already passed an order on the bail application during the pendency of this appeal. The High Court considered whether the pending application should continue in light of the trial court's decision. Relying on the principle that a subsequent final order on the same relief renders earlier applications moot, the court held that there was no longer any issue to be adjudicated. Consequently, the application was disposed of as having become infructuous. No substantive merits of the bail claim were examined.

Issues considered

  • What is the appropriate disposition of a pending criminal application when the trial court has already granted the relief sought?

Subjects

  • bail
  • criminal procedure
  • application rendered infructuous
  • High Court
  • trial court order

Judgment

                                                                                 5-APL-1449-2025.DOC

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPLICATION NO. 1449 OF 2025


                                Shaikh Tanveer Mohammed Sha(                           ..Applicant
                                     Versus
                                Union of India & Anr                               …Respondents

                                Mr. Aryan Kotwal i/b. Taraq Sayed, for the Applicant
                                Mr. A. D. Kamkhedkar, APP for the Respondent - State.

                                                           CORAM:         N. J. JAMADAR, J.
                                                           DATE :         8th JANUARY 2026


                                P.C.:

                                1.      Heard the learned Counsel for the applicant.

                                2.      The learned Counsel for applicant submits that, in the

                                intervening period, the Trial court has passed an order on the
             Digitally signed
SANTOSH by SANTOSH
         SUBHASH
SUBHASH KULKARNI
KULKARNI Date: 2026.01.09
                                bail application.
             10:47:56 +0530




                                3.      In view of the aforesaid submission, the application stands

                                disposed as having been rendered infructuous.



                                                                           [N. J. JAMADAR, J.]




                                SAINATH                             1/1


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