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Bombay High Court

SHAHEEN IBRAHIM SULTANversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed and disposed of.

Summary

Shaheen Ibrahim Sultan filed a criminal writ petition seeking a stay of his custody in Canada from 5 July 2021 to 6 June 2022. The petitioner also requested that a Rs.1 lakh deposit made under the order dated 3 November 2020 not be forfeited. The petition was filed after the period for which the stay was sought had already elapsed, rendering the relief sought infructuous. The Court noted that the prayer clause had become moot and therefore could not be granted. Consequently, the Court dismissed the writ petition and ordered its disposal, leaving the deposit matter unresolved.

Issues considered

  • Whether the petitioner is entitled to an extension of stay in Canada for the period sought
  • Whether the Rs.1 lakh deposit made in compliance with the earlier order can be retained despite the dismissal

Subjects

  • stay of proceedings
  • foreign stay
  • forfeiture of deposit
  • criminal writ petition
  • moot relief

Judgment

                                                                                              32-WP-2060-2022 (CR).doc
                             S.S.Kilaje
                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                                  CRIMINAL WRIT PETITION NO. 2060 OF 2022

                             Shaheen Ibrahim Sultan                                         ...Petitioner/s
                             VERSUS
                             State Of Maharashtra                                           ...Respondent/s

          Digitally signed
                             _________________________________________________________________
SONALI SATISH
       by SONALI
               KILAJE
SATISH Date:
       2026.10.09
KILAJE 15:19:53
       +0530
                             None for Petitioner.
                             Mr. S. M. Mangaonkar, APP for the Respondent-State.
                             PSI – Chandu Patil, Kashimira Police Station, present.
                             _________________________________________________________________

                                                                       CORAM         : SHIVKUMAR DIGE, J.
                                                                       DATE          : 8th OCTOBER, 2026.
                             P.C. :

                             1.       None for the petitioner.

                             2.       Heard learned APP.

                             3.       As per clause in Petition, the petitioner seeks leave to extend the stay of

                             the petitioner in Canada from 05.07.2021 to 06.06.2022.              This relief has

                             become infructuous and other prayer is not to forfeit the amount of Rs. 1 lakh

                             deposited by the petitioner in compliance of the order dated 03.11.2020.

                             4.       As the prayer clause of the petitioner has become infructuous, I pass

                             following order :

                                                                     ORDER

                                            (i)     Writ Petition is dismissed and disposed of.



                                                                                (SHIVKUMAR DIGE, J.)



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