Plea bargaining
AK New Delhi
(Querist) 19 August 2015
This query is : Resolved
Sirs,
Can the plea bargaining be taken after conviction by trial court (ie. before the appeal at Sessions court) or, it has to be taken before the trial court?
The conviction is held for a period of 2 years u/s 406 (breach of trust) in a family property dispute.
R.K Nanda
(Expert) 19 August 2015
consult local lawyer.
SAINATH DEVALLA
(Expert) 19 August 2015
If U want a correct suggestion U have to post the case history or else it will be treated as academic.
AK New Delhi
(Querist) 20 August 2015
Mr Sai,
I purchased a plot in my mother's name and made myself a nominee in 1996. Mother expired in 1998 intestate. Father expired in 1992.
In 2002 there was property dispute between 3 brothers and 1 sister. I wanted the plot to be transferred to my name to which the Society asked me to get court orders. My friend lawyer filed a suit and did not make my brothers and sisters parties in the said case but in my court statement/examination, I disclosed that I had other brothers and sisters. The respondent lawyer of the Society and the Honble judge also did not ask me to make them the parties after my statement.(I was a total layman in respect to the legal aspects)
I got the decree in my favour and further sold the plot. When my one brother found out, he, for twisting my hand and for blackmailing me into accepting to his unreasonable demands in respect to other family properties, filed a civil suit in respect to the property in question in 2004 and later filed a complaint case u/s 406 in the year 2006.
The civil suit was declared in his favour in 2010 and he was granted one fourth share in the said property.
The criminal case went on and was decided in 2015 against me. During the trial, just to compromise and settle the matter with the brother I offered my brother an amount equivalent to his one fourth share but he refused as he had other intentions. The Trial Judge considered my offer of compromise an admission of guilt on my behalf and sentenced me to 2 years.
Now I am looking to get out of this mess and want some sound advice.
SAINATH DEVALLA
(Expert) 20 August 2015
Mr.New Delhi I am not UR classmate for being referred to as Mr.Sai.I am not only a senior advocate but also a senior citizen.
That's the problem when someone dies intestate.Were UR other siblings not aware that the plot was purchased with UR money? Why didn't the other brother's and sister's support U in the court? I presume this matter was unnecessarily dragged beyond control.U should have settled the matter in the bud itself.
Section 406ipc is a criminal breach of trust.
" The Trial Judge considered my offer of compromise an admission of guilt on my behalf and sentenced me to 2 years."
What was UR lawyer doing in the court,can U clarify.
AK New Delhi
(Querist) 20 August 2015
Mr Sainath Devalla,
Regret to have offended you.
1. For witness I called my other brother who stated that this plot was to come to me as per the wishes of the mother. ie. that he favoured me in his statement all the way.
I also called my sister but she didn't appear for cross as she is siding with the warring brother as she also is looking are here share in the family pie.
The warring brother didn't summon neither the brother or the sister.
2. The application for compromise was filed by us much before the charges were framed. But the warring brother never replied to this application. And this application was never argued or never disposed off by the Judge. The judge was in a screaming hurry to close the case.
3. Since this application was never decided, our lawyer never argued on this matter in the final argument. We were taken by surprise when we read the Order that the judged considered it an admission of guilt.
4. We have another 20 days to file an appeal in Sessions court. (the case was in an NCR city. Here there are very limited thorough lawyers. Most lawyers had suggested that the case would not stand against me and had its weaknesses.
SAINATH DEVALLA
(Expert) 20 August 2015
Whatever is the outcome u have to appeal in the sessions court within the stipulated time.
Whatever may be the fate of the application UR lawyer should have stressed for arguments as it would have had an impact on the judgement. The order admission of guilt will certainly have an impact in the sessions court and UR lawyer should be extra careful and vigilant in projecting the demerits in the lower courts judgement.
SAINATH DEVALLA
(Expert) 20 August 2015
I also strongly feel that the entire proceedings has not been handled by Ur lawyer professionally.Otherwise why should the case be disposed off by admission of guilt.Even a hardcore criminal who has been charged with murder or rape will not admit his guilt.
AK New Delhi
(Querist) 20 August 2015
Even I feel so that the lawyer was too relaxed and was sure of a favourable order.
Another thing that I forgot to mention earlier is that we had filed a criminal writ u/s 482 against the order of revision and it was pending in the High court. There in HC we could not get a stay on the proceedings of the lower court because the Honble HC judge thought that we had approached them late. The trial judge did not consider this writ too and kept asking for a stay order.
However thank you for your valuable time. One last question is whether I have the option of Plea bargain at appeal stage and what would be the expected outcome
SAINATH DEVALLA
(Expert) 20 August 2015
Section 482 crpc is not a criminal complaint but a petition for quashing the proceedings of the lower court.
Rajendra K Goyal
(Expert) 20 August 2015
Consult another lawyer and file appeal if time is left.
Guest
(Expert) 20 August 2015
Mr.R.K.Goyal Could Also Suggest What to be Done If Appeal Time Is Left/ Over.
AK New Delhi
(Querist) 20 August 2015
Sir,
I have 25 days left for the appeal.
Thanks,
