Today was an important day in Salman Khan’s life, when everyone was anticipating the decision which was to be given by the Bombay High Court- Jail or Bail? The much awaited judgment came out at around 12:45 pm after which Salman, his family members, so-workers, Bollywood fraternity and his huge fan base heaved a sigh of relief. Salman’s punishment sentence of 5 years jail has been suspended by HC and has asked the actor to file the fresh bail of worth Rs.30,000 by appearing in the trial court. Salman is out of all restrictions as of now, till the next appeal hearing against conviction and bail plea takes place in July. Overwhelmed fans celebrated Khan`s triumph outside the court as well as Galaxy Apartment.
COURTROOM SCENES IN BRIEF:
Though, Salman himself was not present at the hearing today, his sister Alvira Khan and Baba Siddique made their way to the court today. Salman`s lawyer Amit Desai began with his argument at around 11:15 pm, opening the fresh angles of the story and giving it a complete turn.
His first argument: He said that there were 4 passengers in the car during the time of accident. Kamaal Khan, who was also in the car, was never examined by prosecution. Also, his statement was never noted down. Why was he ignored so cleanly? Why only one of the members sitting in the car was examined even when prosecution knew that there were 4 occupants in the car?
Second angle to the story: Ravindra Patil, Salman’s constable guard was also in car at that time. His statement was that Salman was driving in a drunken state. However, today defense said that Ravindra Patil was an artificial and ‘unwilling’ witness. Ravindra was reluctant initially to give his statement, so his testimony becomes skeptical. Defense also questioned that why the lower court was allowed to ask all the leading questions to Ravindra Patil.
3rd argument: Their third point was that the ‘tyre-burst’ evidence was completely ignored by the lower court, and that it was never given much importance.
Judge asked, “From JW Marriott to Galaxy apartments, how does it take 30 minutes to cover that distance unless travelling at a speed of 90 to 100km/hr?”
Defense further said that all finding of lower court were perverse. Statements made by the witnesses are contradicting at some point or other. Prosecution has nowhere proved firmly that Salman was sitting at the driver’s seat. Amit Desai also demanded that the sentence should be suspended as it is a matter of section 304(1) and not 304(2). Judge then asked to present Ravindra Patil`s testimony for further verification and checking. Amidst all the arguments, Judge warned the defense lawyer not to mislead and misguide the court.
It was public prosecutor Sandip Shinde’s turn now, to present their arguments. Judge asked the prosecutor that why this case shouldn`t be only considered as the case of rash driving?
“Normal rule is if appeal is admitted and sentence is not more than seven years, then it can be suspended. We require reasons to depart from procedure,” said judge to the prosecutor. Fighting the 4th occupant theory, Shinde said that it all began only when the driver Ashok Singh was introduced in the case just few months ago. Also, Salman left the accident spot that night and was arrested at 11:00 am in the morning the very next day and during the tests alcohol was found in Salman’s blood. Also, Kamaal is a UK resident which prevented them from examining him. Prosecutor tried his best to fight the defense`s arguments with their counter-points.
Judge said that there is no law that says if there is alcohol, then it is culpable homicide.
Howbeit, after listening to both the sides the final decision given by the Judge Abhay Thipsay was, “Sentence has to be suspended. Status quo has to be maintained. We can’t pass orders against accused just because it is being asked by the prosecution.” While granting him bail, Justice said, “He has been on bail for a long time and his liberty was not curtailed. Normally, in such cases, the appeal is admitted and an accused is granted bail.”
Meanwhile……
A Salman fanatic tried to commit suicide by consuming poison standing outside HC. He was later identified as Gouranga Kundu, a 32 year old man from West Bengal. The letter he left behind said that Salman is his Bhagwaan(god), he was soon admitted to the hospital.
So, this was the decision for the day, which saw various turns due to the fresh arguments presented. But, coming months will surely give the answer- whether it will be extended bail or 5 years of jail?
Tags: Salman Khan
