Most leading criminal lawyers believe chances of actor Sanjay Dutt getting bail are bright. A few, however, said it would not be easy.
Lawyer Majeed Memon, who defended several accused in the case, said chances of getting bail were very good if Dutt chose to file an appeal in the Supreme Court. Pending admission of his appeal, the SC might grant him bail as an interim measure. After his appeal is admitted, sufficient time is expected to lapse before his fate is finally decided by the apex court, Memon said.
Memon said the advantages weighing in Dutt’s favour were three-fold: he was convicted only under the Arms Act and not TADA — it was common to get bail under the former; also, the actor had already been on bail for 11 years in this case; and he had never misused any bail conditions imposed by the court.
Agreeing with Memon, criminal lawyer Adhik Shirodkar however said much would depend on the Central Bureau of Investigation’s (CBI) stand. “If the CBI challenges Dutt’s acquittal under TADA and the apex court upholds the argument then chances of his punishment getting enhanced becomes strong,” he said.
Lawyer Y.P. Singh, however, said chances of Dutt getting bail were difficult. “It is a question of parity. If he gets bail then the SC would have to consider granting bail to other accused convicted on similar charges.”