Bombay High Court acquits Salman Khan of all charges in hit and run case. [Read Order]
Bombay High Court has acquitted Salman Khan of all the charges in the 2002-hit and run case. Hearing the appeal, Justice AR Joshi who dictated the order in an open court, observed that the “prosecution failed to establish the charges (against Khan) on all counts”.
Earlier the trial court had on May 6, 2015, convicted Khan of offences punishable under Sections 304-part II of the Indian Penal Code (IPC), 338 of the IPC, 337 of the IPC and offences punishable under Motor Vehicles Act. He was sentenced to different terms of imprisonment in respect of various offences of which he has been found guilty, the most severe being rigorous imprisonment for a period of five years.
Operative part of the High Court’s order is as follows:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. 572 of 2015.
Salman Salim Khan …Appellant
The State of Maharashtra …Respondent
Mr. Amit Desai, Senior Advocate with Mr.Shrikant Shivade with Mr.Niranjan Mundargi with Mr. Anand Desai with Mr.Nirav Shah with Ms.Chandrima Mitra with Mr.Manhar S.Saini, Advocate for the Appellant.
Mr.S.S.Shinde, Public Prosecutor Mrs P.H. Kantharia, APP with Mr.Deepak Thakre, APP for the Respondent.
Justice A.R. Joshi
10 December 2015
For the reasons separately recorded in the judgment and order the following operative order is passed:
1) Criminal Appeal No. 572 of 2015 preferred by appellant Salman Salim Khan is allowed;
2) The impugned judgment and order dated 6th May, 2015 passed in Sessions Case No. 240 of 2013 is hereby quashed and set aside;
3) The appellant-accused Salman Salim Khan is acquitted of all the charges. The bail bonds of the accused shall stand cancelled;
4) If the fine amounts which are imposed in view of the impugned judgment and order, are already paid, the same shall be refunded back to him.
5) In view of the provisions of Section 437A of Cr.P.C., the appellant shall execute a P.R. bond in the sum of Rs.25,000/ (Rupees Twenty Five Thousand) with one or two sureties in the like amount;
6) On the request on behalf of the appellantaccused provisionally a cash security of Rs.25,000/- (Rupees Twenty Five Thousand only), shall be accepted by the office for a period of two weeks and within this time the surety procedure shall be completed. The bail procedure be complied before the office of this Court.
7) As the bail bonds of the appellant accused stand cancelled, which were given at the time of admission of the appeal, Bandra Police Station is directed to hand over the Passport of the appellant to him on proper identification.
8) Appeal is disposed of accordingly.
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