Life & Style

Salman Khan's five-year sentence suspended

The actor's appeal is pending in the high court and will be heard in July

Web Desk May 08, 2015

Salman Khan. PHOTO: FILE

As Salman Khan's two-day interim bail came to an end Friday, it was decided by the Bombay High Court to suspend the actor's five-year sentence while his appeal was pending in the high court, Express News reported.

Lawyers of 49-year-old Bollywood megastar argued at the High Court that their client's conviction should be overturned.

Judge Abhay Thipsay ruled the sentence would be suspended until an appeal was heard and set new bail terms for the B-Town superstar.

"The defence has raised pertinent points about the evidence presented by the prosecution which need consideration," the judge said.

"Also, the points based on which the culpable homicide conviction was passed needs examination," he added.

Salman would have to file for a fresh plea, the appeal is set to be heard in July. Till then he has to surrender his passport to the police, however, he will be able to travel abroad with prior permission, NDTV reported.

During the session, Judge Abhay questioned the court "why should his rights suffer when the appeal is still being heard?"

He further made comments pertaining to a notional custody, claims NDTV.

Read: Salman Khan sentenced to five years in prison in hit-and-run case

This put Salman's defence in an encouraging position as they awaited the decision of whether his bail would be extended or whether he would go to jail.

Further, the judge asked the prosecutor why the case should not be treated only as a case of rash driving. He was also reported to have told the public prosecutor that a sentence under seven years could be suspended, reported The Times of India.

He said, "It is not a case where the applicant is likely to abscond and both parties have no objection to hearing an appeal in a fast manner so the sentence is suspended until an appeal is disposed."

Following the bail verdict, Salman's lawyer Amit Desai said, "The prosecution has not established beyond doubt that it was my client who was driving that night."

As news of the sentence being suspended was announced, scores of fans were seen outside Salman's residence blocking roads and creating chaos.

It was further reported that both Ajay Devgan and Anupam Kher arrived at his residence to offer moral support prior to the decision being announced. Soon after, celebrities were spotted heading to Salman's apartment. He was not present during the bail verdict, his lawyers and sister, Alvira represented him in court.

PHOTO: NDTV

Read: Salman Khan yet to receive regular bail

The Kick star was handed a five-year sentence by a Mumbai sessions court on Wednesday, and found him guilty of all eight charges pressed against him, including culpable homicide in the hit-and-run case.

News of the suspended sentence was a relief for Salman Khan's friends, family and fans and celebratory tweets soon followed.

High court suspended sentence of Salman khan! 👏👏
— Siddhi Ajagaonkar (@Ime_n_mySalman) May 8, 2015

Happy Salman Khan gets suspended sentence http://t.co/aum81vkKxz
— 𝑺̲̅𝒆̲̅𝒂̲̅𝒓̲̅𝒄̲̅𝒉̲̅𝑬̲̅𝒏̲̅𝒈̲̅𝒊̲̅𝒏̲̅𝒆̲̅ (@Stocksflix) May 8, 2015

Hope Salman Khan doesn't go out to celebrate this suspended sentence this evening, drives after being drunk and...
— Karthik 🇮🇳 (@beastoftraal) May 8, 2015

No jail for Salman Khan, Bombay High Court has suspended sentence to a the actor and has granted him bail.
— Rishabh Sharma (@sharmarishabh) May 8, 2015

Q :- Which drink will Salman Khan have tonight to celebrate his release?
A :- Baileys
— Ripper (@Ace_Of_Pace) May 8, 2015

High court suspended sentence of Salman Khan! Faith in humanity restored 😊 #JusticeforSalmanKhan
— Parth Ramani ™ (@Parth_Dil_Se) May 8, 2015

I can vouch the fact that Salman Khan is a good man: Ranbir Kapoorhttp://t.co/mobXyxCLTw pic.twitter.com/EN21fYVCpj
— Indian Express Entertainment (@ieEntertainment) May 8, 2015

#SalmanBailOrJail: Salman Khan will have to take court permission to travel abroad.
— Indrajeet Rai (@drindrajeetrai) May 8, 2015

COMMENTS (25)

Mona | 8 years ago | Reply And so people go (again) and wail about the injustice of Indian prosecution system. And that a star is able to buy his freedom by guilding the right hands. Nonsense. Salman Khan hired a good lawyer (and he has every right to do so). Said lawyer points out in front of the court what every simple police inspector should be able to recognise: that the infamous 'hit and run'-case spots as many holes as a piece of Swiss cheese. Evidence not being taken into consideration (or ruined, f. E. by storing a blood sample somewhere in a police station without cooling it), witnesses not being heard or their statements not properly written down - this is not neat police work, this is a piece of silly kindergarden. The true scandal is not that the verdict was suspended. That was the only right thing to do. The scandal is that it took the system 13 years to find a verdict and then realizing that it should better have done its homework.

Timorlane | 8 years ago | Reply ET Please while u're devoting much space for this filmy hero Kindly also put at least one news story on this plastic hero's former police guard Mr. ravindra Patil who is the real hero, who stood fast against all the pressure and temptations and testified against this cardboard dabang that it was he who rammed over poor homeless people killing Noor ullah Khan. Ravindra Patil lost his job and died in abject poverty and misery for his veracity and courage. A salute to you Sir from Pakistan. RIP.

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sridhar | 8 years ago | Reply @Outspokern: How much time it takes to write a post, dude. Unless you are mentally challenged, it takes a few seconds of research, a few seconds to type the stuff in. BTW, I am a physician in US and no, i am not on "dole" if that is what you mean.

Mir Ashiq Hussain | 8 years ago | Reply Why the poor people of India are sleeping on roads. Why the govt takes any action against those who are drunk and sleeping on roads The accident occurred by Salman is not a serious crime. The rule of law permits bail in such cases. So it is normal to get Salman free from such accident case. He hasn’t murdered anyone intentionally or is a threat to society, so in such cases bail is routine. That is his right and he has availed it. Indian Government should take steps against those who are sleeping on the congested roads.

Bimal William | 8 years ago | Reply In India money play a very important role.It is strong, powerful and loud enough to suppress the voice of poor victims. We have so many examples.The shameless personalities of bollywood were so happy that nobody had guts ta ask what really happened to those victims' family.How their families are surviving? We talk very big and try to be a model of the public but one thing we totally lack is moral courage. May God help those poor families because as a human being we totally failed in our duty.

Khawaja Fraz | 8 years ago | Reply Well said @ Weirdity and Sridhar.

Weirdity | 8 years ago | Reply I have been told that India discriminates against Muslims at all levels. So I was expecting a 20 year sentence for salman since the max sentence for this crime is 10 years padded by another 10 years as fine for being a Muslim. But he ends up with 5 years and that too suspended sentence. Is he a Hindu in secret for India to treat him so leniently? I want answers!

Indian Observer | 8 years ago | Reply Bail is a right , so its not an issue. The real issue is that the constable who accompanied him had to die a very bad death due to threats and pressure from his own department, and the fact that one man died, and five others got injured due to no fault of theirs. Still the Sallu fans can't digest the fact that it is a reality that Sallu did drive the car( as sentenced by the court) and did kill a person knowingly or unknowingly. Travesty of justice that Sallu fans are celebrating bail as if Salman got Nobel prize. Nobody cares for the victims and the constable but only for Sallu bhai.

Outspokern | 8 years ago | Reply @sridhar: Either you are a practicing lawyer or a retired civil service servant because only they have so much time to write all this. Kudos sir.

W | 8 years ago | Reply Salman Khan ❤ He's a good man. Happy and relieved for him.

sridhar | 8 years ago | Reply This actor, whose bad acting alone can kill a guy, actually went out and killed somebody while he was driving drunk and that too without a license! That is horrendous in my view. Coming to the case itself, this is what "The Hindu" newspaper has to say: (Justice Abhay Thipsay said, “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 his appeal is decided. Even on the basis that he was driving, it is a case for suspension of sentence.” Salman will surrender before the sessions court on Friday, as per the High Court’s orders, and can execute a bail bond of Rs. 30,000 within two weeks. His passport has been surrendered to the police earlier. The actor can apply for permission before the High Court to travel abroad.) So it is legal alright. There are all kinds of loopholes in the Indian Jurisprudence to exploit. Yes, it is legal but then the law is lax and needs to be brought to modern times. It is inconceivable that something like this actor can be let off so easily in any "civilized" nation. For one thing, it is a standard practice to get a BAC (blood alcohol level) immediately after the accident where drinking is suspected. This is done by the police in USA but is not a practice in India. So, you never know how drunk the driver was. A very high BAC would immediately mean the driver was in no position to drive and culpability is then squarely on him. You cannot take the defense (as happened in this actor's case) that tire burst and car veered off course on to the pavement etc etc. Also, police in India is corrupt and can be influenced by the rich and mighty. It is disconcerting that the discussion in the media is not how the actor and his team tried to intimidate the witnesses, including a constable who was there to protect the actor. It is not about how to give relief to the victim (I learnt yesterday that 18 lakhs of rupees or so are held up by the court that should have gone out to the victims). It is all about how good and nice the actor has become and he deserves to be free. This is all just pathetic. India is a third world (a euphemism for third rate) country still, all the claims to modernity notwithstanding.

Kushal | 8 years ago | Reply @Tani: "Drunk driving under influence of alcohol is bailable offence" Nothing wrong in it. Except for the fact that the higher court chose to remain open till 7 pm to receive the bail application. Will they show same for you and me?

mayuresh | 8 years ago | Reply Just shows the disgusting set of people that populate Bollywood. Aamir khan, please stop your charade of satymev jayate. It's arthmev jayate. But the biggest culprits are stupid populace of India that pays hard earned money to watch these criminals perform. For anyone trying to paint this into my country vs yours, wake up fools. These Bollywood class and netas only have one loyalty - the black - color of money among the affluent of india

Tani | 8 years ago | Reply @Sarmad Hassan: This is democracy, not dictatorship. He is using legal means. Nobody is going favours for him. @Kushal: Constitution has clearly defined laws. The laws are same for celebrities or common man. Drunk driving under influence of alcohol is bailable offence whether you run it over (accidentally) over common man or celebrity. He has got bail because he appealed to higher court, till higher court decides to accept or reject his case, he's eligible for bail. Sanjay Dutt is also a celebrity but he's in jail serving his sentence. Salman can delay justice in legal hurdles of session-higher-supreme court appeal. But he's still going to jail after all procedure is over.

Mayuresh | 8 years ago | Reply @Wb he has appealed the case in higher court. When you start afresh a case you are elible for bail, unless it's non bailable offence. He's crime is car accident a bailable offence. Even if high court gives same judgement as session court. He will get bail if he applies Supreme Court. Wait till it reaches last step -Supreme Court. He will land in jail, he's only delaying the outcome which is fixed. His other three cases of killing endangered animals have another 5years minimum in prison. Since it's his repeated offence . It may take years till it reaches supreme court but he's staring at prison for not less then ten years.

raw is war | 8 years ago | Reply @Sarmad Hassan: In India road accidents are not serious crimes. People get away with far greater damages. This case has attracted media attention.

wb | 8 years ago | Reply @JSM: "In India, wheel of justice grinds slowly but it grinds fine." It is not justice if it doesn't reach the victim. It is not punishment if it doesn't reach the convict.

harkol | 8 years ago | Reply @Kushal: Sadly, that is how it works. All you need is a reasonable lawyer to keep delaying the process. Indian justice system is broken. It doesn't take a lot of money to delay justice. Just a bit of trickery of technicalities is enough. WIth courts overloaded with cases, the dates of hearing are far between, so, all you need to do is forward one technicality on the day of hearing, and it'll be postponed by a few months!! I had this personal experience, where a completely broke man dragged a case for over 8 years, with the help of a two bit lawyer!!

yousaf haque | 8 years ago | Reply Money spoke loud again.So,it was decided that why the rich be made to suffer for the death of low rank poor filthy good for nothings

Kushal | 8 years ago | Reply @Barney: Just go and try to run over a mumbai celebrity and then I will see the "normal" thing in your justice.

JSM | 8 years ago | Reply @Sarmad Hassan: @wb: In India, wheel of justice grinds slowly but it grinds fine. Look at Sanjay Dutt. Or do you want us to have your brother Chinese system where a person is convicted in the morning and shot in the afternoon?

Waseemoscow | 8 years ago | Reply Roll of law !!!

Barney | 8 years ago | Reply @Sarmad Hassan The rule of law permits bail in such cases. So this is pretty normal. He hasn't murdered anyone intentionally or is a threat to society , so in such cases bail is routine. That is his right and he has availed it.

Sarmad Hassan | 8 years ago | Reply Ha! There were a lot of people here the other day tirelessly praising the "rule of law" and were being very proud.

wb | 8 years ago | Reply This again shows that in my country, justice is a commodity which can be bought by the rich. The case will go on for another 10 years and then it will be appealed in the supreme court and it will drag for another 10 years. Even before the justice is dispensed, he will be dead and buried and rested in peace.

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