LAWS(BOM)-2003-9-54

SALMAN SALIM KHAN Vs. STATE OF MAHARASHTRA

Decided On September 03, 2003
SALMAN SALIM KHAN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) RULE. By consent returnable forthwith. Heard the learned counsel for the parties.

(2.) BY an order dated 9th July, 2003, the matter was adjourned to 28th july, 2003 and by consent of parties, the matter is being finally disposed off at the admission stage itself.

(3.) THE brief facts which are necessary for the purpose of deciding the present application are as under :-The applicant is arraigned as an accused in Sessions Case No. 126 of 2003. The offence was registered by Bandra Police Station vide C. R. 326 of 2002 on 28th September, 2002 under section 304{a), 279, 337, 338, 427 of i. P. C. and sections 134 (a) and (b) read with 181, 185 of the Motor Vehicles act, 1998 on a complaint of one Ravindra Patil, Police Constable attached to the Security Department, Social Security Branch No. 1. The case of the prosecution in brief is that the applicant is a film actor and he was provided with police security. The complainant was appointed as a security guard of the applicant. The incident in question took place on 27th September 2002. The complainant reported to duty at about 8. 00 p. m. and, therefore, at 9. 30 p. m. the applicant took out his Toyota Land Cruiser car bearing No. MH-01-DA-32 and drove towards the hotel known as Rain. The applicant was also accompanied by a friend one Mr. Kamal. When they reached the Rain Hotel, the applicant and his friend Kamal went inside and the complainant sat in the car. A about 1. 30 a. m. the applicant and his friend Kamal came out of the hotel and from the said place they went to J. W. Marriot Hotel in the same car. At about 2. 15 a. m. all of them left for Bandra where the applicant resides. The applicant was driving the car in a high speed and while the car was taking a right turn from St. Andrew's road, the applicant lost control of the car and it mounted on the foot path and dashed into shutter of the shop known as American express Cleaners and as a result one person was crushed to death and four others received grievous injuries. All these four persons were sleeping on the staircase of the said shop. As a result of the accident, people gathered there and Started pelting stones. The applicant and his friend ran away. The complainant told the crowd which had gathered there that he was a Police Constable and, thereafter, he went to the Police Station and his F. I. R. was recorded at 5. 40 a. m. on 28th September, 2002 and a case was registered against the applicant vide C. R. No. 326 of 2002 and he came to be arrested. However, since the offence was bailable, the applicant was enlarged on bail on 28th September 2002.