Evading jail won’t be an easy task: Experts

Actor Sanjay Dutt’s application seeking probation may be a long shot at evading prison, say lawyers. The provisions of the Probation of Offenders Act, 1958, which provides that a convict can be let out on probation instead of serving time in prison, are applied only in rare cases, say legal experts.

“There are no extenuating circumstances to justify Dutt’s act of consciously procuring and possessing arms,” said criminal lawyer Shyam Keswani. Calling it a “serious offence”, Keswani added that considerations like acquittal from all TADA charges and a 13-year delay are not exclusive to Dutt’s case. Others acquitted of TADA charges could also seek similar relief.

Releasing an accused on probation  is entirely the discretion of the judge. The court can impose conditions like submitting sureties, restricting movement and abstention from intoxicants.

In August 2005, Sessions court Judge Laxmi Rao had convicted a rape accused, Paramram Sharne, for seven years but released him on a three-year probation bond as the accused was the sole earning member of the family, which included his blind father. The “lenient” order sparked off widespread protest and the state government challenged it in the HC.

Public opinion also matters, thus Dutt has Dilip Kumar and Nana Chudasama’ statements  vouching for him. However, Dutt will need more than the reel-life transformation from Khalnayak to Munnabhai to evade jail.