Bombay High Court
SHAIKH TANVEER MOHAMMED SHAFIversusUNION OF INDIA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- N JAMADAR
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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