Plea Bargaining
Prasun
(Querist) 15 January 2011
This query is : Resolved
My friend is booked by MM Court during charge frame u/s 292, 389, 419, 420, 465, 467, 468, 469, 471 and 474 of IPC read with Sec 67 of IT Act, 2000. The last MM said that Plea bargaining can be appealed by my friend (accused). He also orally said that he will accept the plea bargaining and release on probation of offendor's act.
Now this MM is changed. But honestly I need to know whether Please bargaining can be applied by an accused charged under various sections mentioned above and what is the guarrantee that he will be released on probationer of offendors act later on? Moreover, if the accused is not released without any jail term, then the refund of property which he committed in the plea bargain application will effect and the complainant can go away with the seized property even though the accused is jailed?
Please provide me the correct guidelines as my friend is innocent but unable to ptove his innocence as he is popper today.
Amit Minocha
(Expert) 15 January 2011
There is no guarantee but yes courts are considerate enough in plea bargaining.
In a plea bargain a mutually satisfactory disposition of a criminal case takes place. In plea bargain proceedings, the Investigating Officer, the Public Prosecutor, victim of crime, the complainant and the accused voluntarily settle a pending criminal case to each other’s mutual satisfaction. The process is completely voluntary.
If plea bargain succeeds, the criminal case is disposed of in terms of the agreed settlement. If the plea bargain does not succeed, the criminal case proceeds from the stage when the plea bargain application was filed.
Ajay Bansal
(Expert) 17 January 2011
Agreed with Amit Minocha.
