Interim Bail Given to Salman Khan, A Convict, Is Against The Law Of The Land

Salman Khan

Salman Salim Khan was granted interim Bail the very same day he got convicted by hiring the best advocate available today. The Bombay High Court granted bail to the accused Salman Khan within hours of conviction being pronounced by the Learned Trial Court, and the nomenclature used was Interim Bail for two days.

Salman Khan
This photo is of Bollywood Hungama website, taken by a Bollywood Hungama photographer at a Bollywood party

But, What Is Interim Bail?

Interim Bail is not defined anywhere in the scheme of Criminal Procedure Code. In fact, there is no such provision of Interim Bail in Criminal Procedure Code. How this term is defined by the Lawmakers in India is still unclear. The common man in India is neither aware of the term Interim Bail, nor has the privilege to get one. It is only when the mighty and rich crosses the law in the wrong lane, this term “Interim Bail” comes into play.

Did the Bombay High Court err in suspending his sentence during pendency of appeal on 08.05.2015? The answer is no. The answer to a legally trained mind is No.

There are various judgments of our Hon’ble Supreme Court which justifies the same. Naturally, minus the Salman Khan factor, it will take more than five years for the Bombay High Court to hear the appeal but the way Interim Bail was granted to Salman Khan on the very same day the judgment was pronounced by the learned Trial Court, raises quite a few eyebrows on the legality of the same, at least.

If I would have been on the team of Salman Khan’s PR team, I would have advised him to remain in Jail for two days to win over more fans than he lost by breathing 48 hours in his own home.

Interim bail procured by Salman Khan even without the copy of the judgment and order of the Learned Trial judge sounds unreasonable to a legal mind. It is rather strange, how can someone, say that an answer sheet deserves cent % or zero % without even looking at the answer sheet. None other than Mr. Harish Salve could have got something as miraculous as this done

As a Court of superior constitutional jurisdiction, it would have been at least prudent for the Hon’ble High Court to at least look at the judgment by virtue of which the star of the masses was convicted, after all the Learned Trial Court had gone through the evidence available on record. But the manner in which Salman Khan was granted bail within such short notice raises several questions as to how the Superstar was granted Bail for 48 hours.

But keeping the feelings for the Superstar aside, 48 hours in jail would not have harmed as much as it has by staying in one’s own comfy home. The grant of Interim Bail had raised serious questions on the credentials of the Hon’ble Judge who granted Salman Khan Bail but since the Hon’ble Supreme Court has now seized the matter ( an advocate from Bombay has challenged the order ), questioning it would be equivalent to meddling in the Hon’ble Supreme’s Court jurisdiction.

But it is my earnest request to the Hon’ble Supreme court to please keep the law uninfluenced by the stature of Salman Salim Khan and to lay down the legal code on how and under what circumstances should Interim Bail be granted and what actually does interim Bail mean in India, because I could not find any such word as “Interim Bail” in any statute book.Even the judicial precedents certainly does not include Interim Bail without even going through a copy of the judgment of the Learned Trial Court.

P.S- Salman Khan is a human being first and later the founder of Being Human Foundation, and the age old idiom “Be ye ever So High, Law is Above you” does not apply for some.

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About Sanchit Garg 11 Articles
The writer is an Advocate regularly practicing in Supreme Court of India and Delhi High Court on civil, criminal and constitutional side.