Dutt's lawyer Farhana Shah said here late Monday evening that they would invoke the provisions of the Probation of the Offenders Act to seek temporary release on grounds of good conduct and behaviour.
The act empowers a court to release certain offenders on probation for a certain period of time before the quantum of sentence has been passed.
"We have included the provisions in our application for the extension of bail for Sanjay Dutt to the court today and will take it up with the court during the hearing," said Shah.
Legal experts here said that the act empowers courts to release certain offenders on probation for good conduct.
"When, a person is found guilty of any offence not punishable with death or life imprisonment, the court in which the person is found guilty can release him on probation for good conduct with or without a bond not exceeding more than three years," said a legal expert Monday.
The court also has the power of releasing the offender without sentencing him at once, but may direct that he appear in court during the period of probation, the expert added.
Earlier Shah had moved the special Terrorist and Disruptive Activities (Prevention) Act (TADA) court appealing for an extension of the actor's bail, which ends Tuesday. The appeal is to be heard Tuesday.
The lawyer cited that Dutt was yet to finish work in his under-production films, the issue of the probate of his late father actor Sunil Dutt's will was yet to be sorted out and that he has to complete the arrangements for his teenaged daughter Trishala, who lives in US.
"We moved the court Monday afternoon for an extension of Sanjay Dutt's bail. We have requested the court to extend his bail till the quantum of the sentence is announced or till a time that the court deems fit," said Shah.
"Since, special public prosecutor Ujjal Nikam was not present in the court today, the appeal would be heard tomorrow."
Dutt was found guilty of illegal possession of weapons by the special Terrorist and Disruptive Activities (Prevention) Act (TADA) court under the Arms Act on Nov 28.
He faces a minimum of one year to a maximum of 10 years imprisonment.
The TADA court, which has given verdicts since Sep 12 for the 123 accused in the bombings that killed 257 people on March 12, 1993, had given the actor time till Dec 19 to surrender.
The court had, however, absolved him of more serious charges of conspiracy and helping the terrorists under TADA.