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Bombay High Court

SUNIL SAHEBRAO SAWANEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The interim application was disposed of as infructuous because the applicant's sentence was already suspended.

Summary

Sunil Sahebrao Sawane filed an interim application before the Bombay High Court seeking relief in a criminal revision matter (Revn-522-2022). The applicant contended that his sentence had already been suspended, rendering the application unnecessary. The learned counsel for the applicant submitted that the suspension of the sentence made the application infructuous. The Court examined the submission and found no merit in proceeding further as the relief sought was already moot. Consequently, the Court disposed of the interim application as infructuous, without any further order.

Issues considered

  • Whether an interim application is maintainable when the applicant's sentence has already been suspended?

Subjects

  • criminal procedure
  • suspension of sentence
  • interim application
  • infructuous

Judgment

                                                                               27-IA-4574-2022 IN REVN-522-2022 (CR).doc

                              N.S.Kamble



                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CRIMINAL APPELLATE JURISDICTION

                                                INTERIM APPLICATION NO. 4574 OF 2022
                                                                 IN
                                           CRIMINAL REVISION APPLICATION NO. 522 OF 2022

                              Sunil Sahebrao Sawane                           ...Applicant
           Digitally signed   VERSUS
NILAM   by NILAM
        SANTOSH
SANTOSH KAMBLE                State Of Maharashtra And Anr                    ...Respondents
KAMBLE Date: 2026.10.07
        11:36:05 +0530        _________________________________________________________________
                              Mr.Abhishek Kulkarni, for the Applicant.
                              Mr.B.B. Kulkarni, APP for Respondent-State.
                              Mr.Swaraj M. Savant i/b Mr.Sujay H. Gangal, for Respondent No.2.
                              _________________________________________________________________
                                                                CORAM          : SHIVKUMAR DIGE, J.
                                                                DATE           : 06th OCTOBER 2026

                              P.C. :

                              .             Heard learned counsel for the Applicant.

                              2.            The learned counsel for the Applicant submit that the

                              Applicant’s sentenced is already suspended. Hence, this Application has

                              become infructuous..

                              3.            Considering the submission of learned counsel for the

                              Applicant, the Application is disposed of as infructuous.



                                                                                (SHIVKUMAR DIGE, J.)




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