Daijiworld Media Network - Mumbai

Updated

Mumbai, May 6 (Agencies): The Bombay High Court on Wednesday granted interim bail for two days to Bollywood star Salman Khan, hours after a lower court here sentenced him to five years in jail for a hit and run accident that killed one man in 2002.

Salman Khan was sentenced to five years rigorous imprisonment by a Mumbai sessions court, which convicted him of culpable homicide in the 2002 hit-and-run case, dealing a big blow to the Bollywood superstar.

Judge D W Deshpande, who held the 49-year-old actor guilty of "all charges", including driving under influence of liquor and not possessing a driving licence, pronounced the sentence after a 45-minute adjournment of the proceedings.

A big crowd, mostly of Salman's fans, thronged around the court located in Fort area of south Mumbai.

The actor, who had fought back tears after being convicted, looked calm and composed as the judgement was read out to him in the presence of his close family members.

The superstar's brothers Arbaaz and Sohail and sister Arpita were present in the court on the judgement day, which came after a long drawn legal process.

Dressed in a white shirt and blue jeans, the actor arrived in the jam-packed courtroom minutes before the proceedings began in the morning.

Sessions court judge D W Deshpande ruled "all charges" against the actor have been proved, including the stringent charge of culpable homicide not amounting to murder, besides various other offences, including rash and negligent driving and driving under influence of liquor.

The judge held that the actor also did not have a driving licence. The prosecution had alleged that Khan was driving without holding a licence and, to buttress its charge, produced RTO records to show that the actor had procured a licence only in 2004, two years after the tragedy.

The court, while pronouncing the judgement, drew parallels with the Alistair Pereira and Sanjeev Nanda BMW cases.

Asked if he had to say anything about the verdict, Salman denied the charge that he was driving the vehicle at the time of the accident.

Salman had earlier been tried for the lesser offence of causing death by rash and negligent driving which attracts a lighter punishment of imprisonment upto two years.

After examining several witnesses, a Bandra Metropolitan Magistrate had called off the trial midway in 2012 and slapped the serious charge of culpable homicide against the actor before committing the matter to the sessions court.

The court, while convicting the hugely popular actor, upheld the prosecution's contention that he was at the wheel when his Toyota Land Cruiser ran over five people sleeping on the pavement outside American Express bakery in suburban Bandra, killing one person and wounding four.

Case at a glance:

* May 6, 2015: Additional Sessions Judge D.W. Deshpande pronounces Salman Khan guilty in 2002 hit-and-run case; sentences him to five years in jail

Charges against Salman:

Indian Penal Code: Section 304 (culpable homicide not amounting to murder) which attracts upto 10 years in prison; Section 279 (rash and negligent driving) which stipulates six months jail; Sections 337 & 338 (causing hurt by act endangering life & causing grievous hurt) with punishment upto two years; Section 427 (causing damage to property) with maximum punishment of upto two years

Motor Vehicles Act: Sections 34, 181 (driving vehicle in contravention of rules) and 185 (driving at great speed after consuming alcohol) with cancellation of driving license

Bombay Prohibition Act: Driving under influence of alcohol with maximum six months in jail

* April 20: Judge Deshpande sets date May 6, 2015 for verdict

Defence counsel Shrikant Shivade forcefully argues against prosecution charges and closes arguments

* March 25: Special Public Prosecutor Pradeep Gharat closed his case against Salman after examining 27 witnesses during the re-trial

* April 2014: First witness Samba Gowda deposes in the re-trial, which continues before the Sessions Court with regular hearings

* December 2013: Mumbai Sessions Court orders a fresh trial against the actor and recording of fresh evidence from all witnesses who had also deposed before the Metropolitan Magistrate court.

* July 23, 2013: Sessions court frames charges against Salman invoking the enhanced charge of culpable homicide not amounting to murder

* June 24, 2013: Sessions court rejects Salman's application, paving the way for applying the stringent section

* March 2013: Salman files a revision application with the Sessions Court challenging lower court order

* December 2012: Bandra Metropolitan Magistrate Court rules that a case has been made out under Sec. 304 and commits the trial to the Sessions Court

* March 2011: The prosecution seeks enhanced charges against Salman

* May 2007: Chemical analysis report suggested that Salman was drunk at the time of the accident

* October 2006: Bandra Metropolitan Magistrate Court frames charges against the actor under Section 304 of the IPC and other sections

* December 2003: In a breather for Salman, Supreme Court rules that the magistrate should, after perusal of all the evidence, decide whether to invoke harsher sections of IPC

* October 2003: State challenges in Supreme Court June 2003 Bombay High Court order that Section 304 is not applicable in this case

* May 2003: Court rejects Salman's application and asks the magistrate court to frame charges under Section 304

* March 2003: Salman challenges the application of Section 304 in the Sessions Court

* October 24, 2002: Salman arrested for the second time; secures bail from Sessions Court

* October 21, 2002: The Bandra police file charge-sheet, slapping Section 304 on Salman

* September 28, 2002: Around 2 a.m. Salman Khan's Toyota Land Cruiser rams into a roadside bakery in Bandra West, close to his Galaxy Apartments seafront home. Five people sleeping are injured, one of whom later dies

Later that afternoon, Salman arrested by Bandra police and enlarged on bail by a Bandra Metropolitan Magistrate court.

With IANS Inputs