Bombay High Court

VITHOBA APPA TAMKHADEversusTHE STATE OF MAHARASHTRA

Decided: 8 January 2026
Disposal: Disposed Off
Bench: A S GADKARI SHYAM C CHANDAK

Holding

The petition was deemed infructuous and was disposed of.

Summary

Vithoba Appa Tamkhade filed Criminal Writ Petition No.2850 of 2025 before the Bombay High Court challenging his continued detention. The State, through counsel Madhavi H. Mhatre, submitted that the petitioner had been released on 1 January 2022 after serving the full term of 26 years, including all remissions. The court examined whether the petition retained any operative purpose after the petitioner’s release. Finding that the petitioner was no longer in custody, the court held that the petition had become infructuous. Consequently, the writ petition was disposed of without further hearing.

Issues considered

What is the effect on a criminal writ petition when the petitioner has already been released from custody after serving the full sentence?

Subjects

criminal law
writ petition
infructuous petition
release from custody
sentence completion
remission

Judgment

HEMANT
CHANDERSEN
SHIV
                           H.C. SHIV                                                36.w2850.25.doc
Digitally signed by
HEMANT
CHANDERSEN SHIV                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.01.17                             CRIMINAL APPELLATE JURISDICTION
10:31:36 +0300


                                         CRIMINAL WRIT PETITION NO.2850 OF 2025

                      Vithoba Appa Tamkhade                         …..Petitioner
                            Vs.
                      The State of Maharashtra                      …..Respondent

                                        __________________________________________

                      None for the Petitioner.
                      Mrs. Madhavi H. Mhatre, APP for the Respondent-State.
                                    __________________________________________

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


                      P.C.:-

                      1)               Learned APP, on instructions from the Deputy Superintendent,

                      Thane Central Prison, Thane submitted that, the Petitioner has been

                      released from jail on 1st January 2022 after undergoing the entire sentence

                      of 26 years including remissions.

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

                      accordingly disposed off.



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




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