MUMBAI: Even as the drama over actor Salman Khan’s surrender, arrest and subsequent custody unfolded, his lawyer quietly filed a revision petition in the Jodhpur high court on Saturday.
The petition seeks a review of Friday’s order of the Chief Judicial Magistrate rejecting the actor’s appeal and upholding the five-year jail term handed to him by a lower court for killing a blackbuck near Mathania in September 1998.
The earliest that the petition can be heard is Monday and the actor’s lawyers are likely to seek bail and suspension of the jail sentence pending its admission.
However, freedom may take a while as the bail plea will be heard on merits and the state government will be given time to file its say.
Lawyers feel that the actor has an even chance to secure bail. “The fact that Salman was granted bail during the period his appeal was being heard should work in his favour.
Also, his punishment is only five years and the offence is one in which no harm was caused to humans,” said lawyer Satish Maneshinde, who defended actor Sanjay Dutt in the 1993 blasts case.
Having exhausted his appeal option against his conviction and jail sentence, the actor has now filed a revision petition, which has a limited scope. “In a review petition one has to argue on the technicality of how a judge has erred on a law point.
The facts of the case cannot be re-opened,” lawyer Shyam Keswani said. Advocate Rajendra Shirodkar said: “Unless the HC feels that there been gross miscarriage of justice or a mandatory provision of law has been overlooked only then can it entertain a petition under review jurisdiction.”
Given the influence of the local Bishnoi community, which has steadfastly pursued the case against Salman, the prosecution is likely to oppose the actor’s bail plea.
The fact that he failed to appear before the court on Friday and a non-bailable warrant had to be issued could be used against him. In December 2005 a Jodhpur court had issued a NBW warrant against Salman for failing to appear in court for recording his statement.
The actor stated that he could not appear in court as he had undergone a hair weaving surgery. The HC had later stayed the warrant after Salman gave an undertaking to appear before the court.
