Bombay High Court

ROHIT SHAM RATHODversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Disposed Off

Holding

The writ petition is disposed of as infructuous because the parole application has already been decided.

Summary

The petitioner, Rohit Sham Rathod, filed a criminal writ petition challenging a decision of the DIG, Western Zone, Pune regarding parole leave. While the petition was pending, the petitioner’s application for parole dated 24 July 2026 was decided on 4 October 2026. The respondent State, through its APP, submitted that the petition had become infructuous because the relief sought was already granted. The court accepted the submission, took the order and covering letter on record, and held that there was no longer any issue to be adjudicated. Consequently, the writ petition was disposed of as infructuous.

Issues considered

What is the appropriate disposition of a writ petition when the relief sought has already been granted by the administrative authority?

Subjects

parole
writ petition
infructuous
criminal appellate jurisdiction
procedural dismissal

Judgment

                                                       23 - CR WP - 774 - 2026.docx


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

              CRIMINAL WRIT PETITION NO. 774 OF 2026

Rohit Sham Rathod                                 … Petitioner
             V/s.
The State of Maharashtra & Anr.                   … Respondents

Adv. Rupesh Jaiswal, for the petitioner.
Mr. Pankaj Deokar, APP for the respondent – State.



                               CORAM        : RAJESH S. PATIL, &
                                              ABHAY J. MANTRI, JJ.

                               DATED        : OCTOBER 5, 2026
P.C.:


1.      The learned APP submits that the petition has now become

infructuous as the application dated 24 July 2026 seeking parole leave

has already been decided on 4 October 2026.


2.      A photocopy of the order dated 4 October 2026 passed by the

DIG, Western Zone, Pune, along with the covering letter dated 5

October 2026 is taken on record.


3.      In view of the statement made by the learned APP on instructions

of his officer, the writ petition stands disposed of as infructuous.




( ABHAY J. MANTRI, J. )                            ( RAJESH S. PATIL, J. )




Rushi                                                                            1

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