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jky (tttttt)     18 July 2014

Right time for plea bargain in impersonation case ipc419 420



1. FIR registered on 14Dec2013 with IPC 419/420/34
2. Accused Sandeep remained in jail for a month because bail rejected many times
3. Chargesheet summary :
     Accused Sandeep asked someone to sit on his behalf in govt exam for promise of
    money..Coaccussed Joginder caught in exam hall  with original pancard,license,admitcard of
    Sandeep..joginder also taken his mobile phone inside exam hall.  on sandeep admit card there
     was thumb  impression of joginder...Both charged under IPC 419/420/34
4.After summon received then accused appeared on 11-July-2014 in Court of Hon GAJENDER  
   SINGH NAGAR tishazari.. .Order passed by court : Documents supplied.
    Put up for scrutiny of documents and consideration on charge on 11.08.2014.
5.Next date of hearing 11.08.2014

Two questions :
1. Keeping in mind, accused Sandeep is Btech first class and was jobless
for 2 years and in that situation took this wrong step..
Can we file Plea Bargain in coming week, because we want accussed to be out of this case
and start his career in private sector. ??

2. looking at seriousness in case how much punishment possibly accused can get and also maximum punishment can happen..please tell by your experiences of such cases...we are mentally prepared for 1-2 months prison to close the case earliest..

I have full chargesheet on pc.if needed i can send through email.please drop me email jkypune@gmail.com
Sorry for length question...
Please guide us we had talked to many lawyers and everybody is guiding us differently....
Hoping for exact answers....



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 July 2014

Dear,


 Plea Bargaining is allowed only when the offence is punishable with less than 7 years and in the present case the same is not punishable with more than 7 years, so it could be validly filed.

So far as the maximum punishment is concerned, that will be decided by the court as its court discretion.

Advocate Kapil Chandna
9899011450

jky (tttttt)     19 July 2014

@kapil sir

from your experiences in similar cases and considering some facts from this case then you can share opinion on punishment then that will help in making decisions...i understand ulitmately court can different

perspective on this, i am asking for your opinion..

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 July 2014

Dear,

 

I think the court would be lenient and pass the minimum sentence, because future of the children would be at stake. So, court can give punishment between 6 months to 1 year.

 

Advocate Kapil Chandna
9899011450


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