The Telegraph
Since 1st March, 1999
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Court stretches Salman jail stay

Mumbai, Oct. 14: Salman Khan did not get the respite he was desperate for when he — unshaven and looking tired — went to court today.

The actor, who has been spending mosquito-infested nights at the crime branch cell at Crawford Market, was once again denied bail by metropolitan magistrate S.Y. Shisode and remanded in judicial custody till October 21.

Salman is facing charges under Section 304 (II) of the IPC in the hit-and-run case of September 28 that killed one and injured four others sleeping on a Bandra pavement.

As Salman, clad in a T-shirt, looked on dejectedly, Shisode said: “At this stage, the investigation is still going on and I feel that under Section 304 (II) the case must be tried by a sessions court and therefore the bail application is rejected.”

Observing that the actor had been booked under Section 304 of the IPC (culpable homicide not amounting to murder), an offence that can be exclusively tried by a sessions court, the magistrate added that this court had no jurisdiction to grant bail.

“Jurisdiction to grant bail has to be on the basis of a well-settled principle in regard to the circumstances of the case,” the magistrate said.

“This is not a fit case to grant bail in view of the allegations of the police that Salman was driving the car and was under the influence of liquor at the time of mishap.”

Saying that Salman’s presence was crucial at this stage of investigation, the magistrate noted that the chargesheet, too, had not been filed.

Later in the day, Salman’s lawyer, Abad Ponda, moved a sessions court for bail.

To give the actor moral support, some of his relatives, including brother Arbaaz, sister Alvira and brother-in-law Atul Agnihotri, were present in Shisode’s court through the entire proceedings.

The last time Salman was in court, on October 10, he had made an impassioned plea before the magistrate to grant him bail saying the police had asked him only two questions in the three days that he was in their custody.

Shisode had then, while rejecting the prosecution’s appeal for 10 more days of police custody for the actor, remanded him till October 14.

Today, however, the magistrate dismissed Salman’s petition and said it was the lower court that had the authority to give bail.

While chief public prosecutor M.R. Raut did not press for police custody again for the actor, he told reporters that they were in the process of filing a chargesheet against him.

“The police are not opposing his bail and if set free, Salman may be asked to make an appearance at the police station regularly,” Raut said.

The joint commissioner of police, Javed Ahmad, who was appointed by Maharashtra deputy chief minister Chhagan Bhujbal to conduct a probe into the incident, has submitted his report to the government.

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