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Samar Garg (Trader)     08 November 2012

Query on "plead guilty"

IF someone has one case of 420 r/w 34IPC in one State, and 2 cases of 406,420 r/w 34IPC in one state.

accused are 2 persons, the role of accussed 1 is shown just as an introducee or company owner who asked the complainants to deal with A2.

Charges are not framed in any cases, now if, A2 wants to plead guilty and in all the cases in once & wants to free A1 out of all charges and take all the conviction on A2 itself is it possible ? If yes please mention proper sections of Cr.P.C & available citations,

Both have been in jail custody for arnd 8 months in all the cases. how can this period be added in the sentence.



 3 Replies

abhishek (advocate)     08 November 2012

plead guilty of other accused may not help the other if there is materail against the accused no.1 but it can certainly help him to get bail and see section 428 of crpc for set off the period in custody against the term of imprisonment and how they are behind the bars for such a long time for such offences, gen. the court grants bail in such cases.

surjit singh (Assistant)     08 November 2012

Pleading guilty is an american concept introduced in our criminal justice system, the pleading of guilt be made at the initial stage when the accusition is explained before fraiming the charges. In your case it a case of 420 IPC so generally in case of pleading guilty the punishment is given very less which amounts to the half of the sentence which would have been given taking into the consideration the availability of the proof. Since both the accused are in jail for 8 months only even if they plead guilty they would not be released immediately and mostly they will have to serve a sentence of one or one and half year of sentence more so it will not be a wise to plead guilty. Better to go for the trial and press for the bail it the charge sheet are not filed till date then in that case the accused can definitely come out on bail immediately.

Samar Garg (Trader)     09 November 2012

Thankyou Abhishek & Surjit,


Both the accused are already on bail for last one year, after being in JC for the stated period.. Chargesheets have been filed, but charges are not yet framed, out of 3 cases in 2 States, only in one such case, which contains section 406, 420 in r/w 34 IPC, there is a recovery of half the amount of complaint, i.e., some 50L.. accussed have sign the NOC in return of object while in Police custody and the complainant has taken possesion of articles.. Now this is the only case where the fear of conviction and consequences stands.. since the complainants in this case has filled application for addition of section 409IPC.

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