Bombay High Court

ASHOKKUMAR DASARURAM SALAMversusSTATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

The interim application is rejected.

Summary

The applicant, Ashokkumar Dasaruram Salam, filed an interim application in a criminal appeal seeking that the appeal be taken up for final hearing and a date be fixed. The applicant's counsel, Mr. Anush Shetty, argued for the scheduling of the final hearing. The respondent, State of Maharashtra, contended that the applicant had been released on parole during the COVID-19 pandemic and subsequently absconded. The bench considered whether the applicant's alleged absconding justified denying the interim relief. Relying on the fact of the applicant's non‑appearance and the risk of prejudice to the trial, the court rejected the interim application. Consequently, no date for the final hearing was fixed at this stage.

Issues considered

Whether the interim application for fixing a date for the final hearing of the criminal appeal should be entertained given the applicant's alleged absconding after parole.

Subjects

interim application
criminal appeal
parole
absconding
COVID-19
High Court
hearing date

Judgment

                                                              15-IA-2077-2023 (CR).doc




             IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION
                  INTERIM APPLICATION NO. 2077 OF 2023
                                   IN
                         APPEAL NO. 10 OF 2017
Ashokkumar Dasaruram Salam                 .....Applicant
      VERSUS
State of Maharashtra                        .....Respondent

                                  ...
Mr. Anush Shetty (through vc), Advocate for the Applicant.
Mr. Mahalaxmi Ganpathy, Additional P.P. for Respondent-State.
                                  ...

                                  CORAM : RAJESH S. PATIL AND
                                          ABHAY J. MANTRI, JJ.
                                  DATE : 29 AUGUST 2026.
P. C. :

1.        Learned Advocate Mr. Anush Shetty, appearing for the Applicant,
submits that the Criminal Appeal may be taken up for final hearing and
a date for hearing may be fixed.
2.        Learned APP, however, points out that the Applicant herein was
released on parole during the COVID-19 pandemic and thereafter has
been absconding.
3.        In view of the above, Interim Application filed by the Applicant
stands rejected.



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




Suresh                              1

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