Bombay High Court
GAJANAN RAGHUNATH SHELKEversusTHE STATE OF MAHARASHTRA AND ORS.
- Decided
- Disposal
- Disposed Off
- Bench
- A S GADKARIR M JOSHI
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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