Bombay High Court

ANKUSH KISHOR DESAIversusSTATE OF MAHARASHTRA

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

Holding

The petition is infructuous and is therefore disposed of.

Summary

Ankush Kishor Desai filed a criminal writ petition before the Bombay High Court against the State of Maharashtra while he was incarcerated. The petitioner sought relief, but the respondent's counsel informed the Court that the petitioner had been released on 1 April 2025 after completing his entire sentence. The Court examined whether the petition could continue to be entertained after the petitioner’s release. It held that since the petitioner had already served his term, the petition could no longer grant any effective relief. Consequently, the petition was deemed infructuous and was disposed of without further hearing.

Issues considered

Whether a criminal writ petition remains maintainable after the petitioner has been released upon completion of his sentence

Subjects

writ petition
infructuous
release after sentence
criminal procedure
High Court

Judgment

HEMANT
CHANDERSEN
SHIV
                           H.C. SHIV                                                14.w6614.24.doc
Digitally signed by
HEMANT
CHANDERSEN SHIV                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.01.17                             CRIMINAL APPELLATE JURISDICTION
10:31:34 +0300


                                         CRIMINAL WRIT PETITION NO.6614 OF 2024

                      Ankush Kishor Desai                           …..Petitioner
                            Vs.
                      State of Maharashtra                          …..Respondent

                                        __________________________________________

                      Ms. Gunjan Mangla, Advocate with Tithi Jakhadi with Shambavi Singh for
                      the Petitioner.
                      Mr. Amit A. Palkar, APP for the Respondent-State.
                      Mr. A. V. Malwad, Senior Jailor, Nashik Road Central Prison present.
                                      __________________________________________

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


                      P.C.:-

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

                      Road Central Prison, Nashik submitted that, the Petitioner has been

                      released from jail on 1st April 2025 after undergoing entire sentence.

                      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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