Date:21/11/2007 URL: http://www.thehindu.com/2007/11/21/stories/2007112156501600.htm

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Sanjay Dutt bail plea hearing next week

Legal Correspondent

New Delhi: The Supreme Court on Tuesday said it would hear on November 27 the bail applications of actor Sanjay Dutt and some others sentenced in the 1993 Mumbai blasts case.

A three-judge Bench of Chief Justice of India (CJI) K.G. Balakrishnan and Justices Lokeswar Singh Panta and J.M. Panchal said it would not show any preference or priority in taking up the appeals.

Same parameter for bail

The CJI told Additional Solicitor-General Gopal Subramaniam and counsel for other appellants that the court would apply the same parameter for all in grant of bail. He said: “We will pass a general order and anyone coming within that parameter will get relief/bail. The criteria in deciding the bail plea will be the nature of offence and the length of sentence imposed on each of the appellant.”

The CJI indicated that the court was going to give a general direction and would not touch upon the merits of the case as it was not possible to decide the appeals before five to six months. He asked the Central Bureau of Investigation to provide in tabular form the offence and sentences awarded to each of the appellants and state whether bail could be granted or not.

Mr. Subramaniam said the CBI was not bothered about any individual. He explained how the TADA court in Mumbai categorised the case based on the charges against the accused. While some were charged with substantive offence of conspiracy, others were charged for offences under various Acts, including the TADA Act and the Arms Act.

Conviction challenged

Mr. Dutt, who was convicted and sentenced to undergo six years imprisonment, has filed an appeal against the trial court’s November 2006 judgment, challenging his conviction.

In August, the apex court granted him interim bail until he was given a copy of the judgment on the condition that he should surrender on receiving the copy. Accordingly, he surrendered before the court after receiving the judgment copy and filed the appeal. He prayed for quashing the impugned judgment and to release him on bail until the disposal of the criminal appeal. Others also filed similar appeals.