The Hindu : Front Page : Sanjay moves Supreme Court

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Wednesday, Aug 08, 2007
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Sanjay moves Supreme Court

Legal Correspondent

New Delhi: Actor Sanjay Dutt, sentenced to undergo six years imprisonment in the 1993 Mumbai bomb blasts case, moved the Supreme Court on Tuesday challenging his conviction and seeking bail in the case.

In his appeal against the order of the Special Judge, TADA Court, Mumbai, Dutt said that the case of the prosecution was that he was having an illegal weapon from January 16, 1993 to April 12, 1993 (in the notified area under the TADA Act). Further, he also had a 9 mm pistol from September 1992. But no arms or ammunition were recovered from him or his residence or at his instance.

“Conviction illegal”

The trial court had convicted him on the basis of a retracted confession, which was illegal. There was not enough evidence to hold him guilty under the Arms Act. He was greatly handicapped in filing this appeal as he was unaware of the evidence on which the Special Judge convicted him.

During the pendency of the appeal, he spent 16 months and 10 days in custody, and with remissions it would be more than 20 months. He was released on bail in October 1995. He had been acquitted of all the serious charges under TADA and conspiracy, and had been convicted of the lesser charge under the Arms Act.

Agony of trial

The trial court had erroneously rejected his plea of release on probation as contemplated under the Probation of Offenders Act. This Act would still be available to him. He had already undergone the agony of a criminal trial for over fourteen and a half years, and such a protracted trial itself constituted a sentence.

He prayed for quashing of the impugned judgment, suspension of the operation of the sentence and release on bail pending disposal of the appeal.

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