Bombay High Court

SHAILESH GULAB DHAGEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as moot because the petitioner had already been released.

Summary

Shailesh Gulab Dhage filed a criminal writ petition seeking premature release from imprisonment. The petition relied on a letter dated 22.08.2026 from the Superintendent of Open Jail, Paithan. The Court observed that the petitioner had already been released on 06.06.2025 after serving a 26‑year sentence, including all remissions. Since the relief sought was already granted, the petition was deemed moot. Consequently, the Court disposed of the petition without further order.

Issues considered

What is the appropriate relief when a petitioner seeks premature release but has already been released?
Is the petition maintainable when the factual circumstance underlying the relief no longer exists?

Subjects

criminal writ petition
premature release
mootness
remission
sentence completion

Judgment

                                     (1)
                                                    953 Cri.WP-1550.2025.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

     953 CRIMINAL WRIT PETITION NO. 1550 OF 2025

                 SHAILESH GULAB DHAGE
                        VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS

---------------------------------------------------------------------------
   Ms. Devyani Suryawanshi, Advocate holding for Ms. Preeti
               Wankhede, Advocate for the petitioner.
            Mr. N.B. Patil, A.P.P. for respondents-State.
---------------------------------------------------------------------------

                    CORAM : SANDIPKUMAR C. MORE AND
                            VAISHALI PATIL-JADHAV, JJ.

                    DATED       : 1st October, 2026

Per Court :

1.    Heard.

2.    Though the petition is filed for premature release of the
petitioner, but from the letter dated 22.08.2026 issued by the
Superintendent       of   Open     Jail,    Paithan    to   the   Principal
Secretary, it is clearly evident that the petitioner has already
been released under order dated 06.06.2025 after undergoing
the sentence of imprisonment for 26 years including all the
remissions.

3.    As such, nothing survives in this petition and it stands
disposed of.




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


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