Bombay High Court

KARIM SHAFIULLA KHANversusTHE STATE OF MAHARASHTRA and ANR

Disposal: DISPOSED OFF

Holding

Since the petitioner was released, the writ petitions for remission were disposed.

Summary

Karim Shafiulla Khan filed two criminal writ petitions seeking remission of his sentence. The petitioner’s counsel informed the court that the petitioner had already been released from jail. The court held that, with the petitioner no longer in custody, there was no longer any relief to be granted and therefore both petitions were disposed. The court further directed the High Court Legal Services Sub‑Committee to determine and pay the fees of the petitioner’s appointed counsel. No substantive legal questions on remission were adjudicated as the matter was deemed moot.

Issues considered

Whether criminal writ petitions for remission remain maintainable after the petitioner has been released from custody
Whether the petitioner is entitled to payment of counsel fees after disposal of the petitions

Subjects

criminal remission
writ petition
disposal
legal services fees
court procedure

Judgment

                                     (1)
                                                     918 Cri.WP-166.2019.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

      918 CRIMINAL WRIT PETITION NO. 166 OF 2019
                        WITH
        CRIMINAL WRIT PETITION NO. 430 OF 2019

                    KARIM SHAFIULLA KHAN
                           VERSUS
           THE STATE OF MAHARASHTRA AND ANOTHER

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   Mrs. Surekha Chincholkar, Advocate holding for Mr. G.N.
              Chincholkar, Advocate for the petitioner.
         Mrs. Uma Bhosale, A.P.P. for respondents-State.
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                    CORAM : SANDIPKUMAR C. MORE AND
                            VAISHALI PATIL-JADHAV, JJ.

                    DATED       : 1st October, 2026

Per Court :

1.    Learned counsel for the petitioner submits that though
both these petitions are filed by the same convict in respect of
hi remission. She further on instructions submits that by the
passage of time the petitioner has been released from the jail
finally.

2.    As such, nothing survives in both these petitioner and
both the petitions stand disposed of.

3.    We direct the High Court Legal Services Sub-Committee,
Aurangabad to quantify and pay the fees of the appointed
learned counsel Mr. Chincholkar, expeditiously.


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

VD_Dhirde

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