Ahmedabad, 6 March 2013

The Metro court in Ahmedabad will take decision on bail plea of BMW hit and run case accused Vismay Shah on 8 March. Both sides concluded arguments in this case today.

One of the interesting things today in the court was mention of Bollywood actor Salman Khan by Vismay Shah’s lawyer. Vismay is booked under Sectin 304 of the Indian Penal Code (culpable homicide not amounting to murder). Under Section 304, Vismay can be punished with a jail term of up to 10 years. Vismay’s lawyer wanted court to lower the charge from Section 304 to Section 304A which attracts maximum two years punishment. To make his point, Vismay’s lawyer gave example of Salman Khan and said Salman was also booked under section 304 initially, but later High Court had lowered the charge from 304 to Section 304-A.

On September 28, 2002, actor Salman Khan’s Land Cruiser allegedly rammed into a bakery on Hill Road in Bandra, killing one worker and injuring four others who were sleeping outside. Khan was allegedly driving under the influence of alcohol and his police bodyguard was with him at the time of the incident. Khan was booked under Section 304 and the sessions court had framed charges against him for failure to take the injured to hospital among others. Khan had challenged the sessions court decision before the high court, which lowered the charge from culpable homicide not amounting to murder to Section 304-A, for causing death by rash and negligent act. The high court said the actor be tried under Section 304-A, which attracts maximum two years’ punishment. After the HC order, the case went to the magistrate’s court, where it is pending.