Daijiworld Media Network - Mumbai
Mumbai, May 8: In a big relief for superstar Salman Khan, the Bombay high court on Friday May 8 suspended the sentence of the Mumbai sessions court in the 2002 hit-and-run accident case, pending appeal, and asked Salman to execute a fresh bail bond of Rs 30,000 from the sessions court. This means Salman, who was earlier sentenced to five years in jail, would not be arrested for now.
The hearing on Salman's appeal will be held in July. He has been told not to travel abroad till then, and in case he has to, he will have to seek permission from the court.
The order comes just in time as it is the final working day of the high court before it goes for annual summer vacations till June 8.
However, Salman, who has been on bail since nearly 13 years, was not present in the court on Friday.
In a sudden development, Salman's defence team decided to field senior high court lawyer Amit Desai to represent him in the high court on May 8.
Amit Desai argued for suspension of the Mumbai sessions court sentence. The defense counsel also brought up the fact that another key witness, Salman's friend Kamaal Khan who stays in London and who was in the car on the fateful night, was not examined by the prosecution. The defence also reiterated that there were four persons present in the car and insisted that the prosecution was aware of this right from the start. The lawyer said Ravindra Patil had in an interview a day after the accident said there were four persons in the car. However, during the trial, he contradicted himself by saying there were only three persons.
The defence counsel also held on its argument that the car was not speeding at 90-100/km as claimed by the prosecution as the distance covered from JW Mariott to the accident spot would not have taken 30 minutes if that were true. It was also contended that the lower court had ignored the evidence of the burst tyre.
The court pointed out that normally, in case of a sentence that is less than five years, bail can be granted and the sentence suspended, and asked the prosecution to prove why Salman Khan's case should be treated any different from the normal.
Chief public prosecutor Sandeep Shinde who represented the prosecution contended that there was no dispute about the facts that Salman was present in the car and was under the influence of alcohol as proved by medical tests. The prosecution also pointed out that Salman had run away from the spot, which he would not have done so if had done no wrong.
The prosecutor said that it had valid reasons for not examining Kamaal Khan, and there were already other evidences supporting Salman's guilt. He said while Kamaal Khan's statement was recorded by police during investigation, he was not available to them for examination before the trial court as he was a UK national.
Refuting the defence claim of four persons travelling in the vehicle, Shinde said the theory of Ashok Singh being at the wheel was introduced at the fag end of the trial when Khan made a statement under section 313 of CrPC and termed it as an "afterthought", and that media interview by Ravindra Patil cannot be taken as evidence. Shinde also said that the tyre burst after the car hit into the American Bakery and not before.
Prosecutor Sandeep Shinde, though not opposing the admission of appeal, objected to suspension of the sentence and argued that Khan had knowledge of consequences of rash and negligent and drunken driving. Therefore, he said, the trial court had rightly convicted Khan under the charge of culpable homicide not amounting to murder.
Justice Thipsay noted that Salman Khan has been on bail throughout the trial even after being slapped with the serious charge of culpable homicide not amounting to murder.
"There are a number of arguable points raised about whether or not Khan was driving the car. It is also nobody's case that Khan will abscond if he released on bail, pending appeal," he said.
The premises outside the high court witnessed high drama as several different groups protested for and against Salman Khan. Media reports also suggested that a fan attempted suicide by consuming poison.
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.
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.
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.
With IANS and PTI inputs