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Bombay High Court

GAJANAN RAGHUNATH SHELKEversusTHE STATE OF MAHARASHTRA AND ORS.

Decided
Disposal
Disposed Off

Holding

The petition was held to be infructuous and was dismissed because the petitioner had already been released after serving the full term.

Summary

The petitioner, Gajanan Raghunath Shelke, filed a writ petition in the Bombay High Court seeking relief against the State of Maharashtra. The respondent State, through counsel Smt. Madhavi H. Mhatre, submitted that the petitioner had been released from Yerwada Open District Prison on 1 March 2016 after completing the entire 22‑year sentence, including all remissions. The Court examined whether the petition remained maintainable in view of the petitioner’s release. Finding that the petitioner had already served the full term of imprisonment, the Court held that the petition had become infructuous. Consequently, the petition was disposed of without any further order.

Issues considered

  • Whether the writ petition is maintainable when the petitioner has already been released after completing the entire sentence

Subjects

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

Judgment

         ssm                                                       44-wp4738.2014.doc

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CRIMINAL APPELLATE JURISDICTION

                                  WRIT PETITION NO. 4738 OF 2014

    Gajanan Raghunath Shelke                                …..Petitioner

             Vs.

    The State Of Maharashtra & Ors.                         …..Respondents

                                ____________________________________

    None for the Petitioner.
    Smt. Madhavi H. Mhatre APP, for the Respondent-State.
                      ____________________________________

                                            CORAM :    A. S. GADKARI AND
                                                       R.M. JOSHI, JJ.
                                              DATE :   12th FEBRUARY, 2026.


    P.C.:-

    1)                  Learned APP on instructions from the Senior Jailor, Yerwada

    Open District Prison, Pune, submitted that, the Petitioner has been released

    from jail on 1st March, 2016 after completing the entire sentence of 22 years

    including remissions.

    2)                  In view thereof, Petition has become infructuous and is

    accordingly disposed off.



               (R.M. JOSHI, J.)                            (A.S. GADKARI, J.)
             Digitally signed
             by SANJIV
SANJIV    SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
             2026.02.16
             17:58:19 +0530



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