Salman Khan Bail Plea: Lawyer Explains How The Actor Went From 'Convict' To 'Out On Bail'

08/05/2015 6:07 PM IST | Updated 15/07/2016 8:25 AM IST
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Bollywood actor Salman Khan, center, and his father Salim Khan, second right, come out of their residence to see off a guest in Mumbai, India, Thursday, May 7, 2015. One of India's biggest and most popular movie stars, Khan, was sentenced to five years in jail Wednesday on charges of driving a vehicle over five men sleeping on a sidewalk and killing one in a hit-and-run case that has dragged for more than 12 years. (AP Photo/Rajanish Kakade)

In a country known for its elephantine justice system, Salman Khan's nearly-13-year-old hit-and-run trial has moved remarkably quickly in the past week. On Wednesday, he was sentenced to a five-year jail term. Hours later, he was granted interim bail for two days. Then, on Friday, amidst high drama at the Bombay High Court, his sentence was suspended as the judge directed him to surrender before the trial court and furnish a fresh bail bond of Rs 30,000.

"How did we end up here?" you might wonder, much like Michael Keaton in 'Birdman'. Chennai-based disability rights activist and lawyer Amba Salelkar (who tweets under the handle @MumbaiCentral) dissected the legalese in a piece for Mid-Day and on Twitter. Previously, Salelkar was based in Mumbai and practiced in the Sessions court for a period of seven years.

How and why did Salman get interim bail so quickly?

A copy of the trial court judgment, as per the Code of Criminal Procedure, is to be given to the accused immediately and free of charge, writes Salelkar. Failure to do so "creates a ground for bail".

Usually, the assumption is that a finding of guilt "comes as a surprise for the accused", who then requires time to frame reasons to reduce their sentence. It is a legal 'safeguard' that exists to ensure that some recourse exists in case a chargesheet isn't filed in time by the police.

Khan's order, however, was only to be ready by Friday (the sentencing was on Wednesday)."His legal team had the resources to ensure that the appeal and accompanying bail application were filed probably minutes after the sentence was pronounced, relying on hasty notes taken on the judgment dictated in the open court, or perhaps with boilerplate grounds, which Khan would “crave leave to add to, rescind from, or alter” in his petition," she writes.

What does 'suspension of sentence' even mean? Has Salman Khan been declared innocent?

No, according to Salelkar on Twitter.

Has Salman used his money and influence to corrupt the judiciary?

Given that nearly nothing happened in this case for nearly 13 years, it does indeed seem to the layperson that the legal machinery has been manipulated to make sure Khan stays out of jail. Not so, says Salelkar. With a "team of dedicated lawyers, efficient filing clerks, and perhaps India’s best-known senior counsel [Harish Salve] — who walked into a court at

2 pm and asked for the production of the case papers in the post-lunch session for consideration," Khan has simply used his resources to ensure that procedures were followed accurately and with as little wastage of time as possible.

But how and why is this "speed" different for him? How did he get a bail hearing so soon?

The Bombay High Court closes for summer vacation on Saturday and reopens only on Monday, June 8. In such a situation, says Salelkar, it is entirely possible for the Court to use its discretion and grant him a bail hearing at the earliest.

Also, since Khan has technically been on bail for the entire duration of this trial thus far and only just gotten a conviction, this would have been his first appeal. In such a case, argues Salelkar, it is fathomable for the Court to hear the star's petition on its last working day.

What happens now, then?

The star's next hearing, according to reports, is on June 15. According to Salelkar, he's on bail till the appeal is disposed of. "Since he isn't in custody, his case will be of lower priority to the judges than those who are [in custody]," she said, in a phone conversation. "Given the backlog of cases, it takes two years for appeals filed by those even in custody to reach their verdicts. So, while he is still guilty, there is quite some time to go before his appeal is disposed of. I don't see him going to jail for another 3 to 5 years at least."

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