Bombay High Court

GUDDU .. KANSHA WAHAB SHAIKHversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

The petition was deemed infructuous and disposed because the petitioner had already been released.

Summary

The petitioner filed a criminal writ petition seeking parole. During proceedings, counsel for the petitioner informed the court that the petitioner had already been released. The court examined whether parole could be granted to a person who is no longer in custody. Finding that the petitioner was no longer in custody, the court held that there was no propriety to grant parole. Consequently, the petition was declared infructuous and disposed of.

Issues considered

Can parole be granted when the petitioner is already released from custody?

Subjects

parole
criminal writ petition
disposal
infructuous
release

Judgment

                                  (1)
                                               929- cri W. P. 1362-2020.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

            CRIMINAL WRIT PETITION NO. 1362 OF 2020

                 GUDDU .. KANSHA WAHAB SHAIKH
                                VERSUS
                   THE STATE OF MAHARASHTRA
                                   …..
Advocate for the Petitioner : Mr. Rohit Patwardhan h/f
                              Mr. Satej S. Jadhav
APP for Respondents: Mrs. M. N. Ghanekar
                                  ...

                   CORAM :      SANDIPKUMAR C. MORE, &
                                VAISHALI PATIL-JADHAV, J.J.

                   DATED :      August 21, 2026

ORDER:-

1.     The learned counsel holding for Mr. Satej S. Jadhav, on

instructions, submits that the petitioner is already released, and

therefore, there is no propriety to release him on parole. As such, the

petition stands disposed of as being infructuous.



(VAISHALI PATIL-JADHAV)             (SANDIPKUMAR C. MORE)
      JUDGE                                 JUDGE

YSK/

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