Mumbai, Oct 02: A high-level police probe ordered by Maharashtra government into the hit and run case involving actor Salman Khan has triggered off a debate in legal circles on the possibility of his fresh arrest for non-bailable offences.
The probe is underway amidst reports from a government hospital that the actor tested positive in the alcohol test. Leading lawyer Mmubin Solkar is of the view that the police may add the charge of culpable homicide not amounting to murder enumerated in section 304 IPC in the case of Salman. This was a non-bailable offence and the punishment prescribed under it is ten years and fine or both. If this charge was applied on him, Salman could be arrested afresh and produced before a magistrate's court which may grant him bail, Solkar told a news agency here today.
“Generally in accident cases, police mechanically apply 304 a IPC (causing death by negligence) as was done in Salman's case,” he said. Under this section, the offence is bailable and the accused is granted bail by police on a sum less than Rs 1000.

“Salman may have driven the vehicle rashly but obviously he had no knowledge or intention to kill persons,” Nangre said.

Bureau Report