Bombay High Court suspends Salman’s five-year jail sentence
Mumbai: In a major relief for Bollywood superstar Salman Khan, the Bombay High Court on Friday suspended his five-year jail sentence, paving the way for him to apply for and seek a regular bail.
Special public prosecutor Pradeep Gharat said the Bombay High Court has directed Salman to furnish a fresh bail bond of Rs.30,000 to the Mumbai Sessions Court.
The interim bail granted to the actor by the high court two days ago has been extended and he will not be taken into custody pending disposal of his appeal against the lower court judgment, Gharat told media persons.
While granting the relief, Justice A.M. Thipsay at the high court asked Salman to surrender his passport and apply for permission whenever required to travel abroad.
Among other things, Justice Thipsay observed that there is no possibility of Salman absconding if granted bail.
In nearly two hours of arguments before the high court, Salman’s lawyers led by renowned advocate Amit Desai said the prosecution had failed to examine singer Kamaal Khan as a witness, the defence did not get opportunity to cross-examine the deceased police bodyguard of Salman, Ravindra Patil, and that the accident was caused due to a tyre burst of the Toyota Land Cruiser that early morning of September 28, 2002.
On Wednesday, Additional Sessions Judge D.W. Deshpande found the actor guilty on all charges pertaining to the accident and later sentenced him to five years jail plus Rs.25,000 fine.
On Thursday, the B town celebs who are close friends of Salman were spotted at his Bandra Galaxy apartment from morning onwards.
Veteran actress Waheeda Rehman, who is one of the most reserved actresses in the showbiz, was spotted at Salman’s residence. The other celebrities included Aamir Khan, Hrithik Roshan, Amrita Arora, Govinda, and Sanjay Kapoor.
High Court asks Salman Khan to submit passport
The high court has told Salman Khan to submit his passport while he is out on bail. If he has to travel abroad then he can always seek it though.
He’s also has to furnish a bail bond of Rs 30,000.
HC questioned as to why can’t Salman Khan surrender and then seek bail?
The actor’s lawyer said that just because he’s a prominent personality, court should take the legal path and not discriminate of VIP grounds. The actor’s lawyer has reportedly also said he’s willing to give an additional bond if needed.
Justice Abhay Thipsay has reportedly asked the prosecution how it can be argued that Salman Khan had knowledge of his actions if he was drunk?
The trial court nulled the claims by saying that Salman Khan was aware of the fact that if he drove under the influence of alcohol it could cause deaths and therefore culpable homicide was correctly applied. The application of section 304-ii was always going to be a poin of concernt and the defence is expectedly attacking it.
Salman bail plea: All eyes on Justice A. M. Thipsay
Mumbai: All attention is focused on Justice A. M. Thipsay of Bombay High Court before whom Bollywood superstar Salman Khan’s bail plea will come up for hearing shortly after 11 a.m. here on Friday.
The hearing is crucial for the actor since it is the final working day of the high court before it goes for annual summer vacations till June 8.
Salman was found guilty and sentenced to five years in imprisonment on Wednesday by Additonal Sessions Judge D. W. Deshpande, in the September 2002 accident case in Bandra which had left one person killed and injuring four other pavement dwellers.
Shortly after the verdict, the actor moved Bombay High Court where Justice Thipsay granted him two-day interim bail on medical and other grounds.
In a sudden development, Salman’s defence team decided to field senior high court lawyer Amit Desai to represent him in the high court today (May 8).
Earlier, senior Supreme Court lawyer Harish Salve — who argued the interim bail application two days ago — was expected to appear on behalf of the actor.
However, Salman, who has been on bail since nearly 13 years, is not likely to be present in the court on Friday.
Well-known criminal lawyer J. P. Mishra said that in all such cases, the first appeal is “a matter of right” of any accused pending disposal of the appeal.
“Since Salman Khan is appealing against the Sessions Court order, getting bail will be his natural right,” Mishra told Media Sources.
Mishra is renowned for fighting the anti-corruption case trial of 1990s against the former Maharashtra chief minister and union minister A. R. Antulay, who died December 2014.
Last Wednesday’s interim bail had come hours after Salman was found guilty and subsequently sentenced to five years in jail, plus a fine of Rs.25,000 by Additional Sessions Judge Deshpande.
In the significant verdict, Judge Deshpande pronounced him guilty on all the prosecution charges, including culpable homicide not amounting to murder, rash and drunken driving, driving without a valid licence and other laws.
The ruling came in the 13-year-old accident case when Salman’s Toyota Land Cruiser rammed into a bakery in Bandra west in the early hours of September 28, 2002, killing one pavement dweller and injuring four others, a short distance from his sea-facing home in Galaxy Apartments.