New Delhi, Aug 19: The Supreme Court will decide on Aug 20 whether film star Sanjay Dutt and five other convicts in 1993 Mumbai serial blasts case should be released on bail. The petitioners are seeking bail on the grounds that the TADA court has not announced detailed judgements till now and hence they are not in a position to challenge their conviction and sentence on merit.
The petitioners are seeking bail relying on the earlier judgement of this court in state of Punjab vs Jagdev Singh Talwandi case in which the Supreme Court had held that the detention of a person without supplying him with a copy of the detailed order of conviction and sentence is impermissible as a citizen cannot be deprived of his or her constitutional right of challenging his conviction and sentence in a superior court.
Other petitioners include 64-year-old woman Zaibunisha, Mohammad Musa Chauhan, an associate of Sanjay Dutt, Aziz Ahmed Sheikh and Yusuf who have ben awarded different sentences from five to ten years.
Sanjay Dutt has also challenged his conviction and sentence on the grounds that no recoveries were made from him, his residence or at his behest and hence no offence under the Arms Act was made out against him. Dutt has been given a clean chit so far as offence under TADA is concerned. He was sentenced to six years imprisonment on July 31 this year while he was convicted in November 2006.
All petitioners are seeking ex-parte bail and much will depend on the stand CBI and state of Maharashtra will take tomorrow in the court.
TADA court has indicated that copies of detailed judgement may be supplied to Dutt and others by August 24 subject to the copies being ready.
UNI
The petitioners are seeking bail relying on the earlier judgement of this court in state of Punjab vs Jagdev Singh Talwandi case in which the Supreme Court had held that the detention of a person without supplying him with a copy of the detailed order of conviction and sentence is impermissible as a citizen cannot be deprived of his or her constitutional right of challenging his conviction and sentence in a superior court.
Other petitioners include 64-year-old woman Zaibunisha, Mohammad Musa Chauhan, an associate of Sanjay Dutt, Aziz Ahmed Sheikh and Yusuf who have ben awarded different sentences from five to ten years.
Sanjay Dutt has also challenged his conviction and sentence on the grounds that no recoveries were made from him, his residence or at his behest and hence no offence under the Arms Act was made out against him. Dutt has been given a clean chit so far as offence under TADA is concerned. He was sentenced to six years imprisonment on July 31 this year while he was convicted in November 2006.
All petitioners are seeking ex-parte bail and much will depend on the stand CBI and state of Maharashtra will take tomorrow in the court.
TADA court has indicated that copies of detailed judgement may be supplied to Dutt and others by August 24 subject to the copies being ready.
UNI
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