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Hearing on Sanjay’s appeal on Friday
Legal Correspondent
New Delhi: The Supreme Court on Wednesday posted for hearing to Friday an appeal filed by actor Sanjay Dutt, challenging his conviction and sentence of six-year imprisonment in the 1993 Mumbai bomb blast case. He has also filed an application seeking bail.
A five-judge Constitution Bench, headed by Chief Justice K.G. Balakrishnan, fixed the hearing date on a mention by senior counsel Fali S. Nariman that the actor was taken into custody even without being served with a judgment copy.
In the criminal appeal against the order of the special judge, TADA court, Mumbai, Mr. Dutt said the prosecution case was that he was in possession of an illegal weapon from January 16, 1993 to April 12, 1993 (in the notified area under the TADA Act). Further, the prosecution had contended that he possessed a 9 mm pistol from September 1992. He said that no arms or ammunition were ever recovered from him or his residence.
He said there was no credible evidence against him and consequently, the prosecution had failed to discharge the burden cast upon it. The procedure adopted by the trial court was in utter violation of the Cr.PC, as well as Article 21 of the Constitution (Right to life and liberty). The special designated judge ought to have kept the judgment ready and not giving a copy caused prejudice to him.
He said he was on bail for over 12 years. During this period, he abided by all the conditions stipulated in the bail order.
Mr. Dutt prayed for quashing the impugned judgment and to suspend the operation of the sentence and release him on bail pending disposal of the appeal.
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