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Bombay High Court

NITIN YEDABA GAIKWADversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The petition was held to be infructuous and was therefore disposed of.

Summary

The petitioner, Nitin Yedaba Gaikwad, filed a writ petition before the High Court of Bombay challenging an order of the State of Maharashtra. The petition was filed after the petitioner had been released from jail in 2019, having served his entire sentence. The learned Additional Public Prosecutor submitted that the petitioner’s release rendered the petition infructuous. The Court examined whether the petition retained any operative purpose post-release. Finding that the petitioner no longer had any grievance to redress, the Court held the petition to be infructuous. Consequently, the Court disposed of the petition without further hearing.

Issues considered

  • Whether a writ petition remains maintainable after the petitioner has completed the sentence and been released from custody

Subjects

  • writ petition
  • infructuous petition
  • criminal procedure
  • release from custody
  • High Court of Bombay

Judgment

                           sns                                                11-WP-2012-2018.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO.2012 OF 2018

                      Nitin Yedaba Gaikwad                                      … Petitioner

                               V/s.

                      The State of Maharashtra                                  … Respondent



                      Smt. P. P. Shinde, APP for the Respondent-State.


                                                        CORAM :  A. S. GADKARI AND
                                                                 KAMAL KHATA, JJ.
                                                          DATE : 10th July, 2026

                      P.C.:-

                      1)              Learned APP on instructions submitted that, the Petitioner has

                      been released from jail in the year 2019 after undergoing entire sentence.

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

                      accordingly disposed off.



                                 (KAMAL KHATA, J.)                   (A.S. GADKARI, J.)




         Digitally
         signed by
         SUMEDH
                                                                                                    1/1
SUMEDH   NAMDEO
NAMDEO   SONAWANE
SONAWANE Date:
         2026.07.15
         13:32:06
         +0530


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