Sanjay Dutt gets reprieve for third time

Mumbai, Dec 21 (UNI) Bollywood star Sanjay Dutt, convicted under the Arms Act in the 1993 serial bomb blasts case, today got a reprieve for the third time when the TADA Court granted him time till January 18 to surrender before the authorities.

Besides him, five other convicts--Russi Mullah, Yusuf Nallwala, Imtiyaz Ghawte, Mobina Baya and Zabunissa Kazi-- were given similar relief to surrender on January 18 by designated Judge Pramod Kode.

Absolved of terror charges but found guilty under Sections 3 and 7 of the Arms Act on November 28, Dutt was first granted a three-week time to surrender on December 19 and subsequently for another two days till today.

A battery of defence lawyers, led by former Maharashtra Advocate General V R Manohar, argued that taking him into the custody at this stage would amount to pre-sentence punishment as the court so far had not pronounced the quantum of the sentence.

''The actor has been on bail granted to him by the Supreme Court and he is entitled to remain on it until the TADA court awarded the sentence to him,'' Mr Manohar added.

The defence also reiterated the right to invoke the Probation of Offender Act, 1958, under which the TADA court could release him on probation for a period not exceeding three years after accepting an undertaking of good behaviour and conduct from the convict. The court can exercise this discretion in the case of a convict who is not sentenced to death or life imprisonment.

Dutt faces a maximum punishment of ten years under the Arms Act for possessing a 9 mm pistol and AK-56 rifle, a prohibited weapon.

CBI counsel Ujwal Nikam, while opposing the defence arguments, contended that ''There is no provision in law which allows a convict time to surrender once found guilty of a crime.'' Quoting Sub-Sections 4 and 5 of Section 345 of CrPC, Mr Nikam said ''Once an accused is declared guilty by the court he should be immediately taken into the custody and then the court should begin the process of deciding the quantum of punishment.'' Mr Nikam further said a convict could take advantage of the Probation of Offender Act only after arguments on the quantum of sentence began but that stage had not come as arguments were yet to begin in Sanjay's case.

After hearing both the sides, the Judge said the issues involved important law points and needed a patient hearing. He asked the defence and the prosecution to resume their arguments on January 18 and granted time to Dutt to surrender until then.

Dismissed Additional Custom Collector Somnath Thapa and Dutt's friend Karsi Adezania, who did not appear in the court due to illness, were given time till January 5 to surrender.

UNI XR SA HS KN1928