Case Note & Summary
The petitioner, Sahebgonda Laxman Birajdar, filed a Criminal Writ Petition before the Bombay High Court seeking relief in relation to furlough from Kolhapur Central Prison. The court heard both sides. The learned APP handed over a communication dated 15 July 2018 from the Superintendent of Kolhapur Central Prison stating that the petitioner had completed 14 years of actual imprisonment and had been released from prison. In view of this development, the court found that the petition had become infructuous. The court disposed of the petition accordingly and discharged the rule. No legal issues were adjudicated on merits as the relief sought was no longer available.
Headnote
A) Criminal Law - Furlough - Infructuous Petition - Prisons Act, 1894 - Petitioner sought furlough but was released from prison after completing 14 years of actual imprisonment - Court held that the petition had become infructuous and disposed it off without adjudicating merits (Paras 1-3).
Issue of Consideration
Whether the petition for furlough relief survives after the petitioner has been released from prison.
Final Decision
The petition is disposed of as infructuous. Rule is discharged.
Law Points
- Petition becomes infructuous when relief sought is no longer available due to subsequent events
Case Details
2018 LawText (BOM) (08) 98
Criminal W.P. No. 237 of 2018
Smt. V.K. Tahilramani (Acting C.J.), M.S. Sonak, J.
Ms. Rohini Dandekar (for Petitioner), Mr. Arfan Sait (APP for State)
Sahebgonda Laxman Birajdar
The State of Maharashtra & Ors.
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Nature of Litigation
Criminal Writ Petition seeking relief in relation to furlough.
Remedy Sought
Petitioner sought furlough from prison.
Filing Reason
Petitioner was seeking furlough from Kolhapur Central Prison.
Issues
Whether the petition for furlough relief survives after the petitioner has been released from prison.
Submissions/Arguments
Petitioner sought furlough relief.
State submitted communication that petitioner had completed 14 years of actual imprisonment and was released.
Ratio Decidendi
A petition becomes infructuous when the relief sought is no longer available due to subsequent events, such as the release of the petitioner from prison.
Judgment Excerpts
The said communication states that the petitioner has completed 14 years of actual imprisonment and he has been released from prison.
In this view of the matter, the petition is infructuous and is disposed of accordingly.
Procedural History
Petitioner filed Criminal Writ Petition No. 237 of 2018 seeking furlough relief. During hearing, State produced communication dated 15.7.2018 from Superintendent of Kolhapur Central Prison stating petitioner had completed 14 years of actual imprisonment and was released. Court disposed petition as infructuous.
