The court of the Chief Judicial Magistrate Dev Kumar Khatri, sentenced Salman Khan to five-year imprisonment under the Wildlife Protection Act for hunting two blackbucks in Kankani in October 1998.
Chief Judicial Magistrate Dev Kumar Khatri, in his 201-page verdict, said that since the culprit is an actor and has a substantial following, his actions are observed and followed by the masses.
“The accused is a popular actor whose deeds are followed by people. Despite this, the accused hunted two blackbucks. It is not justified to give Salman Khan the benefit of probation in view of the manner in which he hunted by shooting two innocent, moot black bucks that come under the purview of the Wildlife Conservation Act,” the verdict said.
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Khatri said that,”… considering the rising number of cases of illegal hunting of wildlife animals, looking at the circumstances of the case and gravity of the offence, giving the benefit of Probation of Offender Act does not appear justified.”
The court of the Chief Judicial Magistrate (Jodhpur Rural) acquitted Salman Khan of the charges under Sections 3/25 and 27 of the Arms Act on 18 January, 2017. Salman Khan was booked for possessing an unlicensed .22 rifle and a .32 revolver and using them to poach two blackbucks. The state government moved the sessions court on 7 March, 2017 challenging the trials court’s order of acquittal.
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Salman Khan was first sentenced to one-year imprisonment on 17 February, 2006 under Section 51 of the Wildlife Protection Act for killing two Chinkara (Indian gazelle), Rajasthan’s state animal, at Bhawad village near Jodhpur on the night of 26-27 September, 1998. The sessions court later suspended the sentence on 10 March, 2006.
The actor was awarded a five-year jail term on 10 April, 2006 under Section 51 of the Wildlife Protection Act for hunting one blackbuck, a protected animal, at Ghoda Farm near Jodhpur’s Mathania villageon the night of 28-29 September, 1998. Three days later the sessions court granted him bail in the case.
After the same court rejected the defense plea to suspend the sentence on 24 August, 2007, Salman Khan surrendered before the court on 26 August, 2007 and was sent to the Jodhpur jail. He was granted bail by the Rajasthan High Court on 31 August, 2007.
After almost eight years, on 25 July, 2016, the Rajasthan High Court acquitted Salman Khan in both the poaching cases in which he was convicted by the trial court (in February 2006 and April 2006). The state government later appealed against Salman Khan’s acquittals by the high court and filed a Special Leave Petition before the Supreme Court in October, 2016.
It turns out that Salman Khan’s lawyer Mahesh Borawas inaccurate in his statement that arguments for the bail hearing are over and only the decision will be pronounced tomorrow. According to the prosecution lawyer, “Saying that the arguments are over and the order has been reserved for tomorrow is wrong.” The order was reportedly deferred because Judge Ravinder Kumar Joshi asked for records from previous cases judged by the Rural Court and High Court. The arguments will proceed tomorrow, and it is uncertain till what time they will extend. In the meanwhile, Salman will continue to be held at Barrack Number 2 at Jodhpur Central Jail.
Qaidi 106 Salman Khan may have spent a night in the Jodhpur Central Jail but his lawyer is ready with a 51-page bail application where 54 grounds have been raised for the judge to consider and grant the convicted actor bail. lawyer Hastimal Saraswat said there are problems with Thursday’s verdict which needs reconsideration. “If it was not Salman Khan, bail would have been granted the next day,” said Saraswat.
Khan will be appealing in the Session Court on Friday, since the first right of appeal is yet to be exhausted. In case the bail is rejected, the Rajasthan High Court will be approached.
Salman Khan’s bail hearing has begun at 6 April the Jodhpur Sessions Court, where the actor’s sisters and bodyguard are also present. Salman’s lawyers, who told reporters that they had received death threats via SMS and calls allegedly from members of the Bishnoi community, plan to submit 54 grounds for suspension or outright dismissal of the case, citing unreliable eyewitness testimonies and discrepancies in DNA and other evidence.
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