Headlines
High court suspends Salman's five-year jail sentence
Mumbai, May 8
In a major relief for Bollywood
superstar Salman Khan, the Bombay High Court on Friday -- while
admitting his appeal -- suspended his five-year jail sentence in a
September 2002 accident case, paving the way for him to secure regular
bail.
Special public prosecutor Pradeep Gharat said Justice A.M.
Thipsay 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.
Later, Salman, accompanied
by his team of lawyers, reached south Mumbai to complete the bail
formalities at the sessions court after which he could return home.
In
the high court, Justice Thipsay said that when the jail sentence is
less than seven years, the sentence can be suspended after the appeal is
admitted.
"It is the normal rule that when the sentence is below
seven years, it can be suspended after the appeal is admitted. The
sentence has to be suspended. We can't take pleasure in seeing somebody
incarcerated till the appeal is decided. Even on the basis that he was
driving, it is a case for suspension of sentence," he observed.
Observing
that there are several other points raised by Salman's defence in their
appeal challenging the sessions court judgment, such as which provision
of the Indian Penal Code -- section 304A (death due to negligence) or
304 II (culpable homicide not amounting to murder) -- could be applied
in the case, Justice Thipsay said these "need consideration".
While
the first attracts a maximum punishment of two years' jail, the latter,
which was applied on the actor subsequently, entails a punishment of up
to 10 years in jail.
Justice Thipsay, however, directed Salman
to surrender his passport and apply for the court's permission whenever
he required to travel abroad.
Among other things, Justice Thipsay
observed that there is no possibility of Salman absconding, if granted
bail. He further said the appeal would be expedited and posted it for
final hearing in July.
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 (now
deceased) police bodyguard of Salman, Ravindra Patil, and that the
accident on early September 28, 2002 was caused due to a tyre burst of
the Toyota Land Cruiser.
Desai also raised questions on the
conclusions of the lower court, including the number of people present
in Salman's vehicle at the time of the accident, and the testimony of
Patil who was an "unwilling witness" whose statement was taken by police
under duress by issuing a non-bailable arrest warrant against him.
Chief
Public Prosecutor Sandeep Shinde strongly opposed the bail to Salman
arguing that he (Salman) was drunk at the time of the accident and that
the fourth person's presence in the car was baseless and brought in as
an afterthought.
On May 6, Additional Sessions Judge D.W.
Deshpande found the actor guilty of all prosecution charges pertaining
to the accident and later sentenced him to five years' jail plus
Rs.25,000 fine.
Meanwhile, celebrations broke out among thousands
of Salman fans assembled outside the Bombay High Court, the sessions
court and the Khan residence in Bandra west, with people dancing,
singing, shouting with joy and distributing sweets.