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Dec 19: What lies ahead

What happens on December 19?

Sanjay Dutt will surrender to the Tada (anti-terror) court on the expiry of his bail. He will be taken into judicial custody and sent to Arthur Road jail.

What is the worst-case scenario for him?

His conviction under the arms act could mean he has to spend up to eight years and eight months in jail. The maximum sentence is 10 years, but the one year and four months he has already spent in custody will be deducted. The minimum sentence is five years (three years and eight months after deduction).

What is the best-case scenario?

There is still hope of acquittal. He could appeal in the Supreme Court, which might overturn the trial court conviction. But it’s also possible for him to escape a prison term entirely when he is sentenced. Minister Kapil Sibal, who is also a lawyer, said Sanjay could be let off with a fine but other experts were sceptical.

Will he get time to file an appeal and remain free till it is decided?

On December 19, he goes to jail. He can go in appeal from jail after he is sentenced (which could take two to three months since there are 123 accused in the case). He can then ask the apex court for a stay on the sentence. If it’s granted, he can stay out of jail till the appeal is decided.

Is there any other way he can stay out of jail after December 19?

Only if he can cite a “compelling” reason such as severe illness.

Can he shoot till December 19, or leave the city?

The court extended his bail on the ground that imprisonment would hurt his film projects, worth crores of rupees. He can shoot till December 18 but cannot leave Mumbai.

What is the maximum punishment he could have got had he been convicted of the graver charges?

Under the criminal conspiracy charge, a life term or even death. Under the Tada sections, anything from five years to life.

If he gets a jail sentence, are the 16 months already spent in prison sure to be deducted?

Definitely. Even the time gap between December 19 and his sentencing will be deducted.

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