Plea bargaining
RENUGA DEVI
(Querist) 06 February 2012
This query is : Resolved
Sir/Mam
Do any one know any case laws in plea bargaining?.
Nadeem Qureshi
(Expert) 06 February 2012
Dear Renuga
Plea Bargaining is like a mediation or compromise, as per my opinion there is not need to any case law.
Feel free to call
Devajyoti Barman
(Expert) 06 February 2012
You have to specify the facts situation in respect of which you need the citation.
Sudhir Kumar, Advocate
(Expert) 06 February 2012
By please bragaining do you mean to say that accused buying lesser punishment at the cost of confession.
dev kapoor
(Expert) 06 February 2012
Renuka,
Case law is required only when there is some legal complexity.Simply put the scheme of of Plea Bargaining is that in any cases in which punishment is up to 7 years,a stage can be reached by accused,prosecutor & Magistrate trio, may be with the aid of advocate of the accused and in presence of the complainant (aggrieved if any individual is there.In this kind of approach the accused can be assured of the minimum sentence subject to approval or compensating the aggrieved complainant,if any.Even in some cases the accused be benefited under Prohibition of offenders Act.Being first offender,leniency of the Court tilts towards the accused.He can be released on furnishing a bond to keep peace.The accused ,if a government servant,will not be pulled up or harmed in his service career on accused of the conviction & consequent benefit given under the scheme of Plea Bargain.
If you have some other problem,please act upon the advice of Sh.Devajyoti.
ajay sethi
(Expert) 06 February 2012
Plea bargaining refers to pre-trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution
certain conditions to be fulfilled before a court accepts plea bargaining. These conditions require, among other things, that the offence, for which plea bargaining is invoked, must be one punishable with not more than seven years' imprisonment. Habitual offenders, and those charged with socio-economic offences, and those who have committed offences against women and children are ineligible to avail themselves of plea bargaining in India.
ajay sethi
(Expert) 06 February 2012
Bombay High Court
Guerrero Lugo Elvia Grissel vs The State Of Maharashtra on 4 January, 2012
Bench: A.M. Khanwilkar, Rajesh G. Ketkar
1 210911
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITON NO. 2109 OF 2011
1. Guerrero Lugo Elvia Grissel
Aged 26 years (Female), Occ. Service,
Address: Calle Republica de Ecuador
No. 11, Interior 13, Coloria
Centro, C.P. 06010, Mexico DF
(Presently lodged at Yerwada Central Prison, Pune)
2. Campos Molan Elias, Male
Age 41 yrs., Occ. Service,
Address: Mazana, 7, Lot No. 31,
De La Colonia, El Paraisco,
Morelia Michoacan, Mexico
(Presently lodged at Kolhapur Central Prison, Kalamba)
3. Gonzalex Maldonado Mauricio, Male
Age 26 yrs., Occ. Service,
Address: AV Juarex No. 11, Interior 13,
Colonia Centro, C.P. 06012, Mexico DF
(Presently lodged at Kolhapur Central Prison, Kalamba)
4. Gutierez Orlando, Male
Aged 31 years, Occ. Service,
Address: San Cristobal Estado Tachi,
Urbanizacion La, Popa,
Calle 9, Numero 9-902, CP,
Sin Numero,Venezuela
(Presently lodged at Kolhapur Central Prison, Kalamba) ...Petitioners V/s.
The State of Maharashtra
(DCB, CID Unit XII) ...Respondent 2 210911
Mr. Murtaza Najmi with Mr. Jagdish Shetty for the Petitioners Mrs. M.M. Deshmukh, A.P.P., for the State.
CORAM: A.M. KHANWILKAR AND
R.G. KETKAR, JJ
DATE: JANUARY 4, 2012
JUDGMENT (Per A.M. Khanwilkar, J.):-
Deepak Nair
(Expert) 06 February 2012
Academic query. Not to be answered.
V R SHROFF
(Expert) 06 February 2012
“SORRY, Can't reply THESE TYPE OF QUERY having Repetitions, Academic, contains SMS Language, Commercial, Vague and Imaginary query.”
Raj Kumar Makkad
(Expert) 07 February 2012
I am sorry to point out that various experts are openly violating the joint decision not to provide against academic queries.
We all are capable enough to provide various citations whether those are relevant or not and can also provide detailed reply but what about decision?????????????
I hope experts shall take care of their own decision.
Advocate. Arunagiri
(Expert) 07 February 2012
I am also seeing, some of the academic queries are replied.
That is why I am saying impose penalty of Rs.100/-. In case of difficulty in, to whom the penalty to be paid, dont worry I will act as a treasurer. But do not demand accounts.
V R SHROFF
(Expert) 07 February 2012
Shri Giri & Shri Raj,
I think it is necessary to generate FIGHTING FUND ,
Now decide PRO??
