Actor Sanjay Dutt has been shifted from Mumbai’s Aurthur Road prison to the Yerwada Jail in Pune on Thursday.
The actor was given a six-year jail term in the 1993 serial blasts case on Tuesday.
Dutt withdrew his application after authorities submitted a report that cited several reasons why he could not be kept at a prison meant only for persons facing trial.
The reasons cited included security concerns and over crowding at the jail.
Dutt’s shift to the Yerwada jail presents an interesting coincidence.
One of the most famous inmates of this jail was Mahatma Gandhi and Dutt’s latest film showed the loveable goon, being inspired by Gandhi and even starting a trend of Gandhigiri.
Bail appeal
Meanwhile, Sanjay’s first night at the Arthur Road Jail was a sleepless, traumatic one.
But his lawyers and his family are working overtime to ensure, he won’t have too many nights in jail.
Most say that bail may only be a mere formality when Sanjay knocks the doors of the Supreme Court.
When Sanjay was sentenced on Tuesday, Judge P D Kode had no option but to send him behind bars.
This was because under the law, a convict sentenced with a term of more than three years cannot get bail from the trial court. He has to appeal to a higher court to regain his freedom.
Legal wrangling
What can work to his advantage is that he has not been found guilty under the Terrorism and Disruptive Activites Act (TADA) but only under the milder Arms Act.
Under Arms Act, thousands have easily availed bail, and that too without the final judgement copy in hand.
”It should not be too difficult for him to get bail. He can appeal on the grounds that the trial court had let him out on bail while the trial was on. And he had not misused it ever,” said Rohini Salian, Former Chief Public Prosecutor.
Once out of jail with a copy of the detailed judgement in hand, Sanjay can appeal against his six year jail term, an appeal that can take years to complete.
By the end of which, several situations could arise:
The apex court grants him benefit under the Probation of Offenders Act and sets him free.
The court rejects his appeal sending him back to jail to complete his term.
Though remote, the apex court could even enhance his sentence either under the Arms Act or much worse, under TADA.
But that’s for much later. For now, his lawyers want him home as soon as they can and legal experts believe that bail will not be difficult to get.
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Sanjay should sue the freaking Government under wrongfull punishment clause . He was jailed for 14 months and was acquited of crime after 14 and half years. Duh!