Bollywood actor Salman Khan was convicted and sentenced to 5 years in jail by a Jodhpur Court in connection with the blackbuck poaching case.
The actor has been convicted under Section 51 of the Wild Life (Protection) Act, 1972
- Will Salman Khan Get A Bail in the case?
- Does he have a ‘right’ to get the bail?
Let us explore the legal options open to Salman Khan.
WHAT IS THE WAY FORWARD FOR SALMAN KHAN?
According to the law, Salman Khan will need to apply for bail and suspension of the sentence for the time period that his appeal will be pending before the High Court.
Section 389 in The Code Of Criminal Procedure, 1973 is titled as- Suspension of sentence pending the appeal; release of appellant on bail.
Under Section 389(1)- If the convicted person satisfies such court that he is intending to present an appeal against the conviction to a higher court ,then, in the pendency, the Court may order that the execution of the sentence or order appealed against be suspended and, also, if he is in custody-he should be released.
The keyword, here is – MAY.
THE MAGIC NUMBER IS 3
However, things would have been different, had the punishment given to Salman Khan would be, 3 years or less.
In that case, instead of the above-mentioned Section 389(1), it would have been Section 389(3) would have come into play, as described below.
Under Section 389(3), the bail by a court which passes the conviction can be granted and the court is bound to release such person on bail, if he is sentenced to an imprisonment for a term not exceeding 3 years or if the offence is a bailable one, for such period as the court thinks would be sufficient for presenting an appeal.
It must be noted, here that the court passing the conviction is bound to release (unless special reasons for refusing bail exists) as the term used here is ‘SHALL’.
The public prosecutor is given to show cause in writing against such a release. The public prosecutor may also apply for cancellation of bail if the facts and circumstances, so demand.
Salman Khan will need to brace up for a long legal struggle against his conviction. But the first hurdle is for him to satisfy the court that he deserves a bail to be granted at this stage.
As the punishment given to him exceeds 3 years, it is all dependent on the skill of his lawyers, the wisdom of the court and of course, luck!
Let us see how the cookie crumbles!
Supreme Court of India
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DISCLAIMER: Through this article, we wish to help those who are in genuine need of help and are willing to understand the law. This is not a solicitation, advertisement or a substitute of professional legal advice. It does not create any client-attorney relationship.