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Bombay High Court

MUBARAK RAHEMATULLA MANIYARversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The petition is infructuous and is disposed of.

Summary

Mubarak Rahematulla Maniyar was serving a 24‑year imprisonment and was released on 26 March 2022 after completing his term, including remissions. He filed Criminal Writ Petition No. 416 of 2022 before the Bombay High Court seeking relief. The Respondent State, through its Assistant Public Prosecutor, informed the Court that the petitioner had already been released, rendering the petition infructuous. The Court examined the submission and noted that no further relief could be granted as the sentence had been fully served. Consequently, the Court disposed of the petition as infructuous.

Issues considered

  • Whether a criminal writ petition remains maintainable after the petitioner has completed the entire sentence?

Subjects

  • criminal law
  • sentence
  • remission
  • petition infructuous
  • high court
  • writ petition

Judgment

          Digitally
          signed by
          WAKLE
WAKLE
MANOJ
          MANOJ
          JANARDHAN
                            Manoj                                                33-WP-416-2022.doc
JANARDHAN Date:
          2026.02.06
          14:02:13
          +0530
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL WRIT PETITION NO.416 OF 2022

                       Mubarak Rahematulla Maniyar                               …..Petitioner
                             Vs.
                       The State of Maharashtra & Anr.                           …..Respondents
                                         __________________________________________

                       Adv. Ulkesh Gangurde i/by Adv. Payoshi Roy, for the Petitioner.
                       Smt. Madhavi H. Mhatre, APP for the Respondent-State.
                                    __________________________________________

                                                         CORAM :     A. S. GADKARI AND
                                                                     SHYAM C. CHANDAK, JJ.
                                                            DATE :   28th JANUARY, 2026.

                       P.C.:-

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

                       Road Central Prison submitted that, the Petitioner has been released from

                       jail on 26th March 2022, after undergoing the entire sentence of 24 years

                       including remissions.

                       2)               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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