Dutt gets time till Feb 6 to surrender

The Special TADA court today granted time till February 6 to actor Sanjay Dutt to surrender. This is the third extension for Dutt, who was found guilty under the Arms Act on November 28, 2006 in the 1993 serial blasts case by the TADA court.

On January 15, Dutt had filed an application under the Probation of Offenders Act 1958, pleading with the court to release him on probation. Under Section 4, an accused who is not facing life imprisonment or the death sentence, can be released after considering the conduct of the accused. Dutt had also submitted affidavits from four eminent citizens to strengthen his claim of good conduct8212;actor Dilip Kumar, former sheriff Nana Chudasma, child activist Vipula Kadri and anti-drugs activist Dr Yusuf Merchant. All of them had vouched for Dutt8217;s good behaviour and his commitment towards social welfare. Senior counsel VR Manohar, appearing for Dutt, opened his argument by explaining the scope of the Probation of Offenders Act and the discretionary power of the court in applying it. 8220;Under Section 4, an offender is entitled to 8216;request8217; the court to release him on probation. It is also well-settled that a discretionary exercise is never whimsical,8221; he argued.

Manohar also stressed that the court should exercise its discretionary power after examining the circumstances in which the offence was committed and the character of the offender. 8220;I understand that it will be difficult for the court to balance the offender on one side and society on other,8221; conceded Manohar. The arguments by Dutt8217;s counsel and the prosecution will resume on February 6.