Bombay High Court

LAXMAN SHAVARU KALEversusTHE STATE OF MAHARASHTRA AND ANR.

Decided: 20 February 2026
Disposal: Disposed Off
Bench: A S GADKARI SHYAM C CHANDAK

Holding

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

Summary

The petitioner, Laxman Shavaru Kale, filed a criminal writ petition before the Bombay High Court challenging a matter that arose during his incarceration. The Additional Superintendent of Yerawada Central Prison informed the court that the petitioner had been released on 25 September 2010 after serving his entire sentence. On the basis of this information, the court examined whether the petition retained any operative purpose. It held that since the petitioner had completed his sentence, the relief sought could no longer be granted. Consequently, the petition was deemed infructuous and was disposed of without further hearing. The order was pronounced by Justices A.S. Gadkari and Shyam C. Chandak on 20 February 2026.

Issues considered

Whether a criminal writ petition remains maintainable after the petitioner has completed the sentence for which the petition was filed?

Subjects

Criminal Procedure
Writ Petition
Infructuous Petition
Release from Custody

Judgment

Digitally
signed by
WAKLE
WAKLE
MANOJ
MANOJ
JANARDHAN
Manoj 59-WP-185-2015.doc
JANARDHAN Date:
2026.02.24
17:36:15
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.185 OF 2015

Laxman Shavaru Kale …..Petitioner
Vs.
The State Of Maharashtra & Ors. …..Respondents
__________________________________________

Adv. Shreyas N. Gawankar a/w Adv. N.N. Gawankar i/by Adv. Manas N.
Gawankar, for the Petitioner.
Mr. Ashish I. Satpute, APP for the Respondent-State.
__________________________________________

CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 20th FEBRUARY, 2026.

P.C.:-

1) Learned APP on instructions from the Additional

Superintendent, Yerawada Central Prison, Pune submitted that, the

Petitioner has been released from jail on 25 th September 2010, after

undergoing the entire sentence.

2) In view of the above, the Petition has become infructuous and

is accordingly disposed off.

(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.)

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