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Bombay High Court

ASHOK YASHWANT JAGTAPversusSTATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The petition is infructuous and is therefore disposed of.

Summary

The petitioner, Ashok Yashwant Jagtap, filed a writ petition challenging a matter after having served his sentence and being released on 1 October 2024. The respondent State of Maharashtra, through its appointed counsel, submitted a report from the Superintendent of Open District Prison confirming the petitioner’s release. The court took the report on record and marked it for identification. Relying on this verification, the court held that the petition no longer had any operative purpose. Consequently, the petition was declared infructuous and disposed of.

Issues considered

  • Whether the writ petition is maintainable after the petitioner has completed his sentence and been released?

Subjects

  • sentence completion
  • release
  • writ petition
  • infructuous
  • criminal appellate jurisdiction

Judgment

                                                                               37-WP-3232-2023 (CR).doc




                                   IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                            CIRCUIT BENCH AT KOLHAPUR
                                         CRIMINAL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 3232 OF 2023

                      Ashok Yashwant Jagtap                          ..… Petitioner
                            VERSUS
                      State of Maharashtra                           ..… Respondent
                                                             ...
                      None for the Petitioner.
                      Mrs. Priyanka S. Rane, APP for Respondent-State.
                      Mr. Shridhar H. Kumbhar, Liaison Officer Prison.
                                                        ...
                                                     CORAM : RAJESH S. PATIL AND
                                                                ABHAY J. MANTRI, JJ.
                                                     DATE : 29 AUGUST 2026.
                      P. C. :

                      1.        Learned APP submits that the Petitioner has already undergone

                      the sentence and was released on 1 st October, 2024. He has placed on

                      record the report of the Superintendent, Open District Prison, Kalamba,

                      Kolhapur. The said report is taken on record and marked “X” for

                      identification. In view of the same, the present Petition, filed by the

                      Petitioner-Accused through the Jail, has become infructuous.

                      2.        In view of the above, the Petition stands disposed of as

                      infructuous.

         Digitally
         signed by
         TALLE
TALLE    SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
         2026.08.31
         11:36:47
         +0530
                                (ABHAY J. MANTRI, J.)                (RAJESH S. PATIL, J.)

                      Shubham                            1


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