Bombay High Court

SANJAY CHANDRAKANT VARPEversusSITARAM MARUTI GUNJAL

Disposal: DISPOSED OFF

Holding

A criminal revision is dismissed as infructuous when the appellant has already served the sentence, as no further relief can be granted.

Summary

The applicant, Sanjay Chandrakant Varpe, filed a criminal revision (CrR No. 296 of 2017) challenging a conviction. While the revision was pending, the applicant completed the sentence imposed in the original case. The applicant's counsel, Mr. Y.S. Choudhari, argued that since the sentence had been served, the revision had become infructuous and no further relief could be granted. The Court examined whether a revision can proceed when the operative sentence is already executed. Finding that the purpose of a revision is to obtain relief that is no longer available, the Court held the application could not proceed. Consequently, the Court disposed of the revision as infructuous. The order was pronounced by Justice Sushil M. Ghodeswar on 8 September 2026.

Issues considered

Whether a criminal revision application becomes infructuous when the appellant has already undergone the sentence imposed in the original conviction?

Subjects

criminal revision
infructuous
sentence served
disposal of revision
High Court of Bombay

Judgment

2026:BHC-AUG:41534


                                                                             296.17revn
                                                  (1)

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                      970 CRIMINAL REVISION APPLICATION NO. 296 OF 2017

                                 SANJAY CHANDRAKANT VARPE
                                          VERSUS
                              SITARAM MARUTI GUNJAL AND ANR.
                                                  …..
                 Mr Y. S. Choudhari, Advocate for Applicant
                 Mr C. V. Bhadane, APP for Respondent No.2/State
                                                 …..

                                           CORAM : SUSHIL M. GHODESWAR, J.

                                               DATE : 08th SEPTEMBER, 2026

                 P. C. :


                 1.          Mr Choudhari, learned Advocate for the applicant states

                 that, the applicant has already undergone the sentence during the

                 pendency of the instant criminal revision application. Consequently,

                 the matter has become infructuous, and he submits that this matter may

                 be disposed of.


                 2.          In view of above, this criminal revision application is

                 disposed of as infructuous.



                                                    [SUSHIL M. GHODESWAR, J.]
                 sjk

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