The Bombay High Court on Monday admitted a petition filed on behalf of gangster Abu Salem seeking his early release from prison, asserting that he has completed the 25-year sentence period as directed by the Supreme Court. Salem was convicted by the TADA Court in connection with the 1993 Mumbai serial blasts and the murder of builder Pradeep Jain.
While the TADA Court had awarded life imprisonment in both cases, the Supreme Court, in its final sentencing, capped his imprisonment at 25 years instead of life imprisonment awarded by TADA court.
Senior Advocate, Rishi Malhotra argued that Salem has already completed the total sentence of 25 years as awarded by Supreme Court, close to 12 years as undertrial period, 10 years of post- conviction period and 3 years of jail earned remission. It was contended that continuing his imprisonment beyond the 25-year term constitute an illegal custody as 25 years of his sentence expired on March, 2025.
On the contrary, Advocate Hiten Venegaonkar argued that remission benefits can only be considered after the State completes the categorisation of the prisoner—a process that remains pending. He maintained that Salem’s 25-year term would only conclude in 2030, and thus the plea for early release was premature.
Taking note of the submissions, the High Court observed that prima facie, the 25-year period does not appear to have been completed yet. Nonetheless, the Bench proceeded to admit the petition and directed for an expedited hearing, indicating that the matter warrants detailed consideration.
[Abu Salem v. State of Maharashtra, WP Criminal 1586/2025]