Dutt, 53, popular for his role as a do-good gangster in the "Munnabhai" films, spent 18 months in prison and was sentenced to six years prison for acquiring illegal weapons from the men convicted for the Mumbai attacks that killed 257 people.
But he appealed against the sentence and was released on bail in 2007, pending a further hearing.
The court on Thursday rejected Dutt's final appeal and ordered him to return to custody in four weeks time.
Dutt, one of Bollywood's biggest stars, said he was "shattered and in emotional distress" as he had already suffered for 20 years.
"I am heartbroken because today along with me, my 3 children and my wife and my family will undergo the punishment," Dutt said in a statement.
"I know in my heart that I have always been a good human being, respected the system and always been loyal to my country."
His lawyer Satish Maneshinde told reporters that the length of sentence had come as a shock to Dutt who has continued to make films despite the legal action against him.
"We will wait for a copy of the Supreme Court judgment and then decide the further course of action. He is a strong man and will fight back," he said.
In 2007, the actor was cleared of conspiracy charges in the Mumbai serial blasts but was found guilty of illegal possession of an AK-56 rifle and a pistol and sentenced to six years imprisonment.
During his trial he claimed the weapons were to protect him and his family during a period of rioting in Mumbai.
Dutt was the most high-profile of 100 people involved in the Mumbai bombings trial which ended with 12 people receiving the death penalty and 20 others given life sentences.
The entertainment industry reacted with shock to news of Dutt's sentencing with the actor seen by some fans as a victim of his star lineage and own fame.
"Heart Broken: Just heard that Sanjay Dutt has to go to jail for 5 years. I expected mercy! Alas it did not happen," tweeted filmmaker Mahesh Bhatt, who helped resurrect Dutt's career after he was freed on bail in the 1990s.
Dutt, the son of actor and former Congress minister Sunil Dutt and actress Nargis, also has political ambitions.
But in 2009, the Supreme Court refused to suspend his conviction so that he could contest the national elections on a ticket for the Samajwadi Party, a democratic socialist party.
Dutt said in his statement that he would going to complete all his films and not let anyone down.
The actor is currently shooting for a new film "Policegiri" and was due to reprise his role in a third "Munnabhai" film later this year.
COMMENTS (34)
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The point I want to highlight is that for keeping illegal weapon you are punishing a person and that to after 20 years, that is INSANE!
To Indian trolls. U are all praising the SC for the verdict. It took u guys 20 years to convict a person with illegal weapons. Lol
@Raj Kafir: way is the relevance of your comment here. We are talking about Sanjay dutt here. Why are you being so defensive.
@Kaka:
So the court was harsh on Sanjay, and shoul dhave considered his improved record and 18 months spent in prison. Disappointed with indian judiciary.
Even Sanjay's lawyer has not yet received the judgement copy & we are all holding forth! 18 months were considered & set off against sentence therefore he may now spend three & half years in jail. "Harsh" is a subjective opinion. Mandatory minimum in the three areas (as per my knowledge) does not mean the minimum prescribed in other offenses are to be tampered without very solid reasons. As I said it can be done only in exceptional cases & the court might not have been satisfied this was an exceptional case. In General:- Indian criminal justice system is based on laws of East India Company Bahadur of Victorian England in mid-19th century. It has not grown out of the old mindset of "retributive justice". While Adal-e-Jahangiri or Lady Of Justice with blindfold & Scale are stuff of films it is still "vengeance" that is a synonym of sorts for "justice". It overrides other considerations such as rehabilitation, reform or restitution to be made by the convict to society and families of victims. Lower Courts are happy reading out Law written by Lord Macaulay to govern the "natives" & People are happy that m'lord does read. No new reformist ideas should one expect from Their Lordships; nor from the sheep.
@pavan: There is an AK-47... There is a Chinese copy, the Type 56... the numbers in both signify the date the weapon went into production. Chill
He got what he deserved. Bollywood is busy being seen at the right place at the right time. They dont care if he goes down the drain. In the name of 'support' , they will be clicked with him and their pics splashed as 'sympathisers' in all newspapers. Who cares.
@gela: Kindly take that nasty defensive attitude somewhere else. Cheers.
@Raj Kafir: What on earth was the point of that comment? Where in the article was the focus on a Muslim woman marrying a Hindu man or vice versa? Troll.
"minimum punishment as prescribed by Legislature becomes absolutely mandatory on three grounds:-(a) in all cases of repeated offenses (b) in case of offenses involving large quantities of narcotics/psychotropic substances & (c) if a prisoner already serving a life-term commits murder."
So the court was harsh on Sanjay, and shoul dhave considered his improved record and 18 months spent in prison. Disappointed with indian judiciary.
I never liked him, he always looked to me like a corrupt man. But Im still gonna watch Zilla Ghaziabad
When guns are outlawed only outlaws will have guns... Someone commented that no sane persone would keep an AK to protect their family this person clearly doesn't have kids... Also AK 56 is actually the type 56 which is a Chinese copy of the AK 47
@iTroll:
Minimum penalty is 5 years and not 6, that is how a judge could rule 5 years sentence for Sanjay Dutt.
In practice a judge rarely awards less than the prescribed minimum lest the Prosecutor raise Cain..In this case the Judge has gone by the book but judges do have some leeway. In a 2008 ruling SC Bench of Justices S B Sinha and Cyriac Joseph while frowning upon tendency of judges to impose punishment less than the minimum had implied that in exceptional cases that could be done. Quote:-"Ordinarily, the legislative sentencing policy as laid in some special Acts where the parliamentary intent has been expressed in unequivocal terms should be applied. Sentence of less than the minimum prescribed by Parliament may be imposed only in exceptional cases" :Unquote.In case of Sanjay obviously his celebrity status would not have commanded leniency & it certainly did not demand extra harshness as gesture to gallery. To my knowledge minimum punishment as prescribed by Legislature becomes absolutely mandatory on three grounds:-(a) in all cases of repeated offenses (b) in case of offenses involving large quantities of narcotics/psychotropic substances & (c) if a prisoner already serving a life-term commits murder.
What a strange country India is. It takes 20 long years to try a man for a possessing an unlicensed weapon. In Pakistan nobody cares even if you have an armory of unlicensed weapons.
Justice delayed but not denied
Too bad,it happened before the third Munnabhai movie,but anyway the real perpretrator is still roaming free in Pakistan....Hope,Pakistan helps in that
@pai: If he were a RSS hindu terrorist, he would have been free.
Balasaheb Thackrey campaigned for his release after extracting an agreement with Sunil Dutt about not contesting any election in Mumbai. This single act exposed the hypocrisy of Mr Thackrey. I never took Mr Thackrey seriously again. Those who believe that Mr Thackrey was a Hindu leader would be surprised after knowing his political life closely - an ultimate narcissist and opportunist. His own nephew brought him down - tit for tat!!
I am pleased with the sentencing - just because Sanjay Dutt is a movie star - popular , well connected, and rich - does not mean that he gets away with murder (literally in his case).
I am appalled by the Indian media coverage. Just because Sanjay Dutt's mates are media moguls - every one on the TC channels is expressing sympathy for him and his kids. Everyone is worried about his incomplete films. What about the people who died in the terror attacks? People whose lives remained incomplete - just like his films. What about the children of those who died. Their loved ones will no come back. Sanju baba will come back for his kids though - just in year or two may be.
I am mightily pleased with the judgment - i have some faith in the indian judiciary now.
@iTroll: You are corrrect about the 5 years, my error. The point I was making was in response to @Mehr who thought that that convicting a father of 3 for 5 years was torture and the point I wanted to make that the judge could not have sentenced him to a lower prison time based on Indian statutes.
I hope Sanjay stays strong and accepts the punishment in the right spirit. If he does so, he will be a greater man, will have more fans, and will become a bigger celebrity than he is today.
gp65: Minimum penalty is 5 years and not 6, that is how a judge could rule 5 years sentence for Sanjay Dutt.
@Kashif: great human being??? what great do u know about him?
@Mehr: - "This is insane, plz he is father of three and secondly he has under gone the sentence what is this torture"
Why do you call it( the punishment) insane ? He did keep illegal arms( without licence) and to broke the same to hide it. Having a family does not warrant leniency Verdict may be painful to his fans including me but nobody is above the law of the land. . Message is crystal clear.. And i am sure you do not understand what torture means?
@Mehr: "This is insane, plz he is father of three and secondly he has under gone the sentence what is this torture "
The 254 people who died were also someone's father/brother/son/husband.
He has NOT undergone his sentence. The minimum sentence for this crime is 6 years and since he has already served one year, he is being asked to serve another 5 years.
Even Sanjay Dut or his lawyer are not claiming he was innocent of the crime he was accused of. They are just asking for leniency that the statute simply does not provide.
@ehhh: yes there is an ak 56.at least wiki before commenting
@Raj Kafir
Look at the comparison! Pathetic
This is insane, plz he is father of three and secondly he has under gone the sentence what is this torture
@pai.. Watch your mouth.. we are not a terrorist state like you to free and garland murderers and terrorists.
@Raj Kafir: You are comparing Apples with Oranges. Please get your concepts clear before Paki bashing.
what does Sanjay Dutt's court verdict have to do with a Muslim woman marrying a Hindu man in Pakistan..Please criticize Pakistan and its laws where appropriate otherwise you'll make a senseless argument that no one will take seriously. On another note, I am a Sanjay Dutt fan and I empathize with him because he has suffered court cases for so many years now.
No such thing as an AK-56.
If he were a RSS hindu terrorist, he would have been free.
This punishment is pea nuts compared to the punishment given to a Muslim woman marrying a Hindu man in Pakistan. He is not above the law despite the fact I am his big fan.
Sanjay Dutt has been found guilty of crime by highest Court in India. He has been sentenced just for 5 years jail, after getting fair trial. No sane person would posses AK 56 rifle ( without licence) for self protection. And how did a common man, like Sanjay Dutt manage to get such weapon? What was source of such weapon..? it was under world and terrorist connection . Justice has been done finally.Lesson for all Bollywood bigwigs who on drop of hat, indulge in public nuisance and taking law in ones hand. Let this sentence set an example and trend for punishing all other actors who have broken law.
"His lawyer Satish Maneshinde told reporters that the length of sentence had come as a shock to Dutt who has continued to make films despite the legal action against him"
6 years is the minimum penalty on Indian statute for his crime. Since he had already served a year when he appealed, he is now sentenced to 5 years. How can a judge sentence someone to les time than the minimum prescribed on the statute?
"Dutt said in his statement that he would going to complete all his films and not let anyone down." This is not upto him, it is upto the courts, if they wil allow him this. Anyone who signed him when they knew of the cass and knew he was out on bail, knew the risks they were taking. The fact that they stll went ahead and hired him cannot be the basis of keeping him out of jail.
I'm a big fan of sanju baba He is Great Human being. We are shocked to know that. God help you
third "munnabhai" ...... SC plz release him.....!!!!!!!