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Salman denied bail, moves higher court

Mumbai, October 14
Film actor Salman Khan today moved a Sessions Court for bail after a Magistrate rejected his bail plea and remanded him in judicial custody till October 21 in a hit-and-run case.

Film star Salman Khan is escorted by the police to a court in Mumbai
Film star Salman Khan is escorted by the police to a court in Mumbai on Monday.
— Reuters photo

The bail petition was filed by his lawyer Abad Ponda in the court of Sessions Judge P.V. Bavkar. Prosecutor R.V. Kini sought time until October 16 to file a reply.

In a related development, the Joint Commissioner of police Javed Ahmad, who was appointed by Maharashtra Deputy Chief Minister Chhagan Bhujbal to conduct a high-level probe into the case, submitted his report to the government.

Salman was produced before Magistrate S.Y. Sishode who remanded him in judicial custody till October 21 but refused to grant him bail on the ground that offence allegedly committed by the actor was triable only by a Court of Sessions and hence his court had no powers to grant liberty.

The actor was charged with culpable homicide not amounting to murder, a serious offence under the IPC punishable with 10 years and fine or both. He had allegedly rammed his car into a shop in suburban Bandra on September 28, killing one person and injuring four.

The Magistrate has twice rejected Salman’s bail petition. On October 10, his bail plea was turned down and he was remanded in police custody till today.

Salman was arrested and granted bail on the day of mishap under Section 304 A of the IPC (causing death by negligence). After the government declared in the high court that Salman would be booked under a stringent IPC Section, he surrendered before the police on October 7.

After the Magistrate rejected his bail, Salman was taken to Central prison. After an hour he was shifted to Thane jail, police sources said.

In the Magistrate’s court, the prosecution did not oppose Salman’s bail and said the cops had interrogated the actor and did not require police custody. The court might use its discretion to grant him bail if required, prosecutor M.R. Raut argued.

Salman’s lawyer Abad Ponda urged the Magistrate to release the actor on bail as he was already in custody for eight days and police had not opposed his bail. Citing case laws, he argued that Magistrate had powers to grant him bail.

Rejecting his bail plea, Metropolitan Magistrate S.M. Sishode observed that the offence allegedly committed by the accused was triable exclusively by a Court of Sessions and hence he had no powers to grant bail.

The Magistrate also remarked that he was not inclined to grant bail to Salman as investigations were not over and the charge sheet had not been filed yet. PTI
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