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Salman won't go to jail for now, HC suspends 5-year sentence


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Sasidharan Nair
Salman's trial
by Sasidharan Nair on May 10, 2015 08:27 PM  | Hide replies

Judged by facts and circumstances of the case, Trial Court was right in presuming Salman's guilt in the heinous offence which attracted s. 304; not the lenient 304-A. Salman, hailed as national celebrity, is expected to be responsible towards society, social norms and to respect the laws of the land. He is expected to know that rash and negligent driving is likely to cause death/s even if he did not have the intention to cause the death. Whereas what he did was exactly contrary: his offense certainly falls within the prescription of section 304 IPC, much more than 304-A. So, the punishment ought to have been 10 years, not 7 years. Govt is bound to appeal for enhancing the term to 10 years. Why Govt has decided not to do it is a mystery!! Salman had arrayed fabricated and varying evidences to mislead the court which is a sure case of fabricating false evidence in a judicial proceeding as defined u/s 193 IPC for which imprisonment prescribed is for 7 years and fine. The decision of the Hon’ble Apex court in Prithpal Singh v. State of Punjab (2012) I SCC 10, may put Salman in disadvantageous position. It has dealt with the similar situation Accused having fabricated evidence to screen/absolve himself from offence, pointing towards his guilt. Salman’s case is no better!

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Praveen
Highly principled
by Praveen on May 10, 2015 03:25 PM

TN Jaya will prefer jail rather than falling on Modi\'s feet.

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damodaran mohan
SALMAN JUST CANNOT ESCAPE 2-3 YRS OF JAIL TERM -II
by damodaran mohan on May 10, 2015 02:53 PM

(contd.) However look at the interim bail drama immediately after his conviction and the fact that as far as Salaman camp and his Bollywood clan is concerned they firmly believe that Salman engaged in large scale philanthropy is an angel who wouldn’t hurt a fly and is suffering as he is a celebrity as he was not even driving the car! So there is no question of Salman even spending overnight in jail pending interim bail and they would not accept anything less than a complete acquittal from all the trumped up charges ! However in spite of all the cynicism prevailing in the country over tardy working of our criminal justice system I personally feel the times have changed and howsoever hard this Dabangg tries like Sanjay Dutt earlier and comes up with battery of top notch lawyers …the Jethmalanis, the Salves …he just cannot escape the long reach of the arms of our sturdy laws of the land and will have to serve a min of 2-3 yrs of jail term if not 5 yrs ! So Salmanbhai and his chamchas better all of you prepare yourself mentally to the fate that is sealed for sure.

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damodaran mohan
SALMAN JUST CANNOT ESCAPE 2-3 YRS OF JAIL TERM -I
by damodaran mohan on May 10, 2015 02:51 PM

It was a pleasant surprise to know from the BHC website that Abhay Thipsey to be chess player of international repute !I have only heard about a famous name Pravin Thipsey ,a former National champ perhaps and a GM ! Related ? No idea. The BHC website contains names of 65 judges with Justice A.M.Thipsey at sl no 34 but disappointed to find no information on declared assets of judges, public prosecutor etc.! There was a move by various state HCs sometimes back to place the information of assets on the websites, at least I couldn't find them. Whatever happened to that move ? Now the case. Salman’s sentence suspended and given regular bail at breakneck speed by Justice Thipsey. Case likely to be argued further July onwards. Salman should also feel happy when justice Thipsey himself observes “there are a number of arguable points raised about whether or not Khan was driving the car……” and his own lawyers too have argued about four people being in the car and family driver Ashok Singh to be at the wheels. Given this background of a new beginning after the case meandering for 13 yrs what every Indian now speculating presently is if Salman will ever go to jail at all or will he succeed in dragging the case for another 13 yrs only to walk free permanently ! Of course that only time will.

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Parimal  Devnath
man
by Parimal Devnath on May 10, 2015 07:56 AM

how much money changed hands! i have no faith in any of Indian systems. if you have money you can buy them. the actor's father campaigned for Modi. now the gift (bail) through so called judiciary. the young constable, the prime witness, was pushed systematically to death!
our beloved Mother Land is in the hands of dogs!

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Sasidharan Nair
The convict- Salman's privileged stunt !
by Sasidharan Nair on May 09, 2015 07:13 PM

Bail or no-bail, Salman's role as an "accidental murderer" remains a scaring issue for him to face; if not in Indian judicial process, it is sure to be dealt in Allah's infallible Judgment! Common people of this country shall not endorse the steps afooted by film world celebrities who came up to ransack the judicial propriety in a mudslinging manner! Judiciary does make mistake that are attributable but to human error; and they are not scams as prevalent in political syndrome.Those who ventured to accuse the judiciary should be booked for perjury and contempt of court.

Salman's bail has done wonders to the under-trials in disguise! It has set in Judicial precedence! And the under-trials who are languishing in Jails without solace for years should approach Higher Courts seeking bail within 4 hours on Monday the 11th of May 2015 and let us see what the Courts would do with their Applications! Will the Courts hear them and enlarge them on bails as done in Salman's case? May the under-trials lead the Courts to make history by passing orders en-mass! Ideally High Courts may suo motto peruse the cases of such under-trials without awaiting applications, in the sympathetic consideration of their long drawn jailed lives without trial!

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Pradip Shah
The sentence suspended by High court in case of Salman Khan
by Pradip Shah on May 09, 2015 06:29 PM

Whole world has seen how the court and its machineries and manpower works at extra-ordinary speed of bullet train and go totally out of way to help one celebrati, wealthy, powerful and influential convicts to evade sentence granted to him by the lower court for the serious offence committed by him. Within two hears from announcement of sentence, High court granted bail and within two days, the sentence was suspended by the high court on the last days before the vacation ignoring number of bail applications which were pending before the same court and still preference and importance was given to the case of Salman Khan and was shown extraordinary interest to decide his bail application favourably. I have gone through the entire 230 pages judgement delivered by the Session court judge covering all the aspects of the case in minute detail and has given a speaking order citing reasons why he has convicted Salman Khan. This judgement clearly show great application of mind by the honourable judge of the session court whose decision is set aside by the High Court within no time at extraordinary speed which is not applicable to common convicts . This case will definitely give the impression to the people that law is not applied equally to all and Celebratis, wealthier and influential people who can avail the services of the costliest but the best legal council can definitely get the desired results for their great efforts.

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Parthasarathy Krishna
Bail
by Parthasarathy Krishna on May 09, 2015 04:08 PM  | Hide replies

Indian public have lost faith in the judicial system.
It's the duty of police n prosecution to bring the case with witnesses have failed.
New witness the driver came n said I was driving n court though has ignored.
Overall the law n police are for the rich n poor n other than celebrities n politicians have count the jail bars!!
Shame I dia!!

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Against Pseudos
Re: Bail
by Against Pseudos on May 09, 2015 04:33 PM
Nice imagination. You should write for the films.

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Ordy Person
Re: Re: Bail
by Ordy Person on May 09, 2015 11:03 PM
No Mister. You are wrong.

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Sreedhar Chakravarthy
Honesty killed
by Sreedhar Chakravarthy on May 09, 2015 02:49 PM

Then salman body guard Mr.Ravindra patil was killed in 2007 for speaking truth. Our judiciary system sent him to jail where he brutally tortured. I request NGO & public to book the case onthis issue & give justise to Mr. Ravindra patil

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Rakesh Pandit
Supreme Court......
by Rakesh Pandit on May 09, 2015 01:35 PM

Bail of this killer needs to be challenged in Apex Court by the state. Its disgusting to see how courts gave special treatment to this convict. Supreme Court should investigate the reason(s) of this favour to the killer, which a normal Indian does not get. Why courts remained open till 7.30pm, why process speeded up abnormally, for the killer.

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