Relating to plea bargaining querry
Querist :
Anonymous
(Querist) 29 May 2011
This query is : Resolved
Sir,
In an accident case u/s 279/304-A the court of MM has informed the accused that he would be released on probation. Now, I would like to clear the following doubts:-
1. Can an accused after making payment of compensation as a result of plea bargaining u/s 265-B Cr.PC still deny the proposed release of accused on probation.
2. Under what circumstances the court may deny probation in the above said case and whether the probation is fully depend on the report of probation officer.
3. The accused has no previous record of committing above said office or involve in any other criminal offence, a civil case relating to property matter is pending in the court. Pl. clarify what would be the consequences of the case relating to release on probation under the above said circumstances.
4. Can the accused appeal any against adverse judgement of the court to higher court under the given circumstances.
