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Bombay High Court

KIRAN PREMJIBHAI PATELversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as the cause of action does not survive.

Summary

The petitioner, Kiran Premjibhai Patel, filed a criminal writ petition seeking parole leave, alleging that his sister-in-law was solemnising a marriage on 15 December 2024 and that this justified his release. The petition was filed in the High Court of Bombay. The court examined the petition and found that the alleged ground did not constitute a surviving cause of action at the time of filing. Consequently, the court held that the petition was untenable. The petition was therefore disposed of without granting parole.

Issues considered

  • Whether the petitioner is entitled to parole leave on the ground of a family marriage ceremony.
  • Whether a cause of action subsists for the petition at the time of filing.

Subjects

  • parole
  • criminal procedure
  • cause of action
  • writ petition
  • high court

Judgment

HEMANT
CHANDERSEN
SHIV
                           H.C. SHIV                                                     25.w192.25.doc
Digitally signed by
HEMANT
CHANDERSEN SHIV                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.01.17                             CRIMINAL APPELLATE JURISDICTION
10:31:37 +0300


                                         CRIMINAL WRIT PETITION NO.192 OF 2025

                      Kiran Premjibhai Patel                           …..Petitioner
                            Vs.
                      State of Maharashtra                             …..Respondent

                                        __________________________________________

                      None for the Petitioner.
                      Mrs. P. P. Shinde, APP for the Respondent-State.
                                     __________________________________________

                                                          CORAM :      A. S. GADKARI AND
                                                                       SHYAM C. CHANDAK, JJ.
                                                             DATE :    8th JANUARY, 2026.


                      P.C.:-

                      1)               By this Petition, the Petitioner is seeking Parole leave on the

                      ground that, his sister-in-law was solemnising marriage on 15 th December

                      2024. Perusal of the record indicates that, the cause of action for filing

                      Petition as of today does not survive.

                      2)               Petition is accordingly disposed off.



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




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