Bombay High Court

BAIG SALIM ABDUL RAZZAKversusTHE STATE OF MAHARASHTRA

Decided: 17 June 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is infructuous and must be dismissed because the petitioner has already completed his sentence and is no longer in custody.

Summary

Baig Salim Abdul Razzak filed a writ petition before the Bombay High Court challenging his detention. The State of Maharashtra, through its Additional Public Prosecutor, informed the Court that the petitioner had already been released after serving his entire sentence. The Court examined whether the petition remained maintainable in view of the petitioner's release. Finding that the petition was no longer capable of achieving any relief, the Court held it to be infructuous. Consequently, the petition was disposed of, and the two pending interim applications were also dismissed.

Issues considered

Whether a writ petition remains maintainable when the petitioner has already been released after completing the sentence

Subjects

writ petition
infructuous petition
release from custody
criminal appellate jurisdiction
Bombay High Court

Judgment

DTG                                                      77-Wp.334.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                     CRIMINAL APPELLATE JURISDICTION

                      WRIT PETITION NO. 334 OF 2019
                                  WITH
                   INTERIM APPLICATION NO.3206 OF 2021
                                  WITH
                   INTERIM APPLICATION NO.3200 OF 2021

Baig Salim Abdul Razzak                           … Petitioner
      V/s.
The State of Maharashtra                          … Respondent
               _______________________________________

None for Petitioner.

Mr. J.P. Yagnik, A.P.P. for Respondent-State.
                  _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 17th June 2026
P.C. :

1)          Learned APP on instructions from Superintendent, Ratnagiri

Open Prison, Ratnagiri submitted that, Petitioner has already been released

from jail after undergoing entire sentence.

2)          In view of the above, Petition has become infructuous and is

accordingly disposed off.

3)          In view of disposal of Petition, Interim Application Nos. 3206 of

2021 and 3200 of 2021 pending therein, do not survive and are accordingly

disposed off.


            ( KAMAL KHATA, J. )                  ( A.S. GADKARI, J. )

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