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Dutt moves SC against conviction

Within four days of receiving the Tada Court judgment, Sanjay Dutt’s legal team filed an appeal challenging his conviction and seeking his release on bail in the Supreme Court.

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MUMBAI: Within four days of receiving the bulky 4,340-page Tada Court judgment, actor Sanjay Dutt’s legal team filed an appeal challenging his conviction and seeking his release on bail in the Supreme Court on Thursday.

Dutt or ‘Prisoner No. C/15210’ at Pune’s Yerwada prison has been sentenced to six years’ rigorous imprisonment under the Arms Act for unauthorised possession of arms including an AK 56 rifle. Granted interim bail by the SC in August, the 48-year old actor surrendered on Monday after receiving a copy of the 1993 blasts judgment.

Terming Tada Judge PD Kode’s judgment as “erroneous” and based on evidences that is not admissible in law, Dutt’s appeal says that his “incarceration is causing him and his family a great deal of hardship”. Pleading that there was no likelihood of his appeal being taken up for hearing at an early date, the actor has sought release on bail as he has been acquitted of all Tada charges. He has stated that he is willing to comply with any condition laid down by the SC. The appeal states that Dutt has “deep roots in the society,” and there isn’t any possibility of his jumping bail at any stage.

His legal team comprising senior lawyer VR Manohar, Satish Maneshinde, Karan Singh and Hari Shankar, is likely to mention his petition before the SC on Friday.

Dutt’s appeal states that his confession, which has formed the basis of his conviction by the Tada Court, is not admissible because it was secured under the custody of the investigating officer and in violation of the procedure. The appeal states that the confession was taken under duress and later retracted by Dutt. Since, he has been acquitted of Tada charges, his retracted confession can no longer be used to convict him under the Arms Act.  

As an undertrial, Dutt was in jail for 16 months and was granted bail in 1995 by the SC. While on bail Dutt went abroad at least 50 times during the 14-year trial that ended in the conviction of 100 accused. He was taken into custody on July 31 after being sentenced by the Tada Court and was released on interim bail on August 23.

The appeal also airs Dutt’s grievance against Judge Kode’s rejection of his application for probation without considering the Probationary Officer’s report. Stating that the trial judge has “breached a mandatory requirement of law”, the appeal adds that the apex court can suspend his sentence and also consider the fresh plea for probation.

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