Plea Bargain appl. under Sec. 265-B Cr P.C.

Querist : Anonymous (Querist) 26 February 2011 This query is : Resolved
Sir,

A case under sec 279/ 304A, I.P.C was registered in the year 2004. An application for plea bargaining on behalf of applicant / accused has been filed. Now the father of the deceased victim, has agreed to a certain amount for settlement. Please clarify the following points:-
(i) shall there be any punishment after settlement of the case under plea bargaining? If so, what would be the maximum quantum of punishment normally awarded by the court?

(ii) shall there be any legal repercussion such as affecting to serve in any govt. department, getting a passport/ visa etc. or affecting on pensionary benefits from the Government and other factors if any also?

(iii) After the settlement of the case under plea barging what is the court's procedure in closing the said case?

(iv) What are the important aspects should be taken into consideration by the applicant/ accused while the settling the case under plea bargain?

(iii)

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Arvind Singh Chauhan (Expert) 26 February 2011
1. as both offences are punishable with imprisonment or fine or both. Court may on the basis of bargaining may punish with 1/4 of the prescribed imprisonment or 1/4 of the fine, or may release on probation of good conduct or admonish him.

2. These offences are not of moral turpitude I think it should not be affecting. release on Probation or admonition have no affect.

3. Only judgment is left after it.

4. Future of the accused and impact of the sentence.

Ajay Bansal (Expert) 27 February 2011
Agreed with Arvind.

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