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Bombay High Court

MEHBOOB ABHAS ALI JAMADARversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as infructuous because the petitioner has already been released after serving his sentence.

Summary

Mehboob Abhas Ali Jamadar filed a writ petition in the Bombay High Court challenging a matter that had become moot. The petitioner argued that he had already been released from jail on 1 October 2020 after serving his entire sentence. The respondents, the State of Maharashtra and others, were represented by the Additional Public Prosecutor. The petitioner’s counsel submitted that the petition was therefore infructuous. The Court examined the factual circumstance of the petitioner’s release and found no remaining issue to adjudicate. Consequently, the Court disposed of the petition as infructuous, effectively dismissing it.

Issues considered

  • Whether a writ petition remains maintainable when the petitioner has already completed his sentence and been released from custody?

Subjects

  • writ petition
  • criminal appellate jurisdiction
  • infructuous petition
  • release after sentence
  • high court

Judgment

                    KSG                                                        20-WP-1227-2020.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                          CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION NO. 1227 OF 2020

                    Mehboob Abhas Ali Jamadar                                … Petitioner
                             V/s.
                    The State of Maharashtra & Ors                           … Respondents
                                       _______________________________________

                    Mr. Omkar Nagvekar i/b Mr. Prashant Badole for the Petitioner.
                    Mr. Ajay S. Patil, A.P.P. for Respondent No.1-State.
                                      _______________________________________

                                                CORAM : A. S. GADKARI AND
                                                        SHYAM C. CHANDAK, JJ.
                                                DATE  : 17th JANUARY 2026

                    P.C. :

                    1)              Mr. Nagvekar, learned Advocate appearing for the Petitioner on

                    instructions submitted that, the Petitioner has already been released from jail

                    on 1st October, 2020 after undergoing his entire sentence and therefore

                    Petition has become infructuous.

                    2)              Disposed off as infructuous.




                             ( SHYAM C. CHANDAK, J. )                   ( A.S. GADKARI, J. )
        Digitally
        signed by
        KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
       2026.01.20
        19:10:57
        +0530




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