Bombay High Court

MARUTI ANANDRAO ZALKE (C-7970)versusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISPOSED OFF

Holding

The petition is infructuous and dismissed because the petitioner had already been released after completing his sentence.

Summary

The petitioner filed a criminal writ petition seeking the benefit of a three‑month remission granted on the occasion of Dr. Babasaheb Ambedkar's 125th birth anniversary. The Court examined the Resource Personnel report dated 19‑08‑2026, which showed that the petitioner had already been released from prison on 01‑07‑2021 after completing his sentence. Since the remission sought was no longer applicable, the petition was deemed moot. The Court therefore held that nothing survived in the petition. Consequently, the writ petition was disposed of as infructuous.

Issues considered

Whether the petitioner is entitled to a remission of three months when he has already completed his sentence and been released.
Whether the petition is maintainable when the relief sought is moot.

Subjects

criminal writ petition
state remission
prison release
infructuous petition
remission of sentence

Judgment

2026:BHC-AUG:38024-DB

                                                                             915



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                         915 CRIMINAL WRIT PETITION NO. 9 OF 2021
                                Maruti Anandrao Zalke (C-7970)
                                            VERSUS
                             The State Of Maharashtra And Another
                   __________________________________________________________
                   Adv. Rupesh A. Jaiswal for the Petitioner - Absent
                   Ms. U. S. Bhosale, APP for State
                   __________________________________________________________

                                     CORAM      : SANDIPKUMAR C. MORE AND
                                                  VAISHALI PATIL-JADHAV, JJ.
                                     DATE       : AUGUST 20, 2026
                   PER COURT :

                   1)             None appears for the petitioner.

                   2)             The petitioner has sought the benefit of State

                   remission of three months granted on the eve of 125 th Birth

                   Anniversary of Dr. Babasaheb Ambedkar.

                   3)             However, the report of Resource Personnel of

                   this Court dated 19.08.2026 indicates that the petitioner

                   has already been released from prison on 01.07.2021 upon

                   completion of his sentence of imprisonment.

                   4)             In view of the above, nothing survives in the

                   present petition. The Criminal Writ Petition is, accordingly,

                   disposed of as infructuous.


                   (VAISHALI PATIL-JADHAV)             (SANDIPKUMAR C. MORE)
                             JUDGE                             JUDGE


                   Komal Kamble                                       Page|1 of 1

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