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Nydv (Software Engineer)     20 December 2013

Plea bargaining

IPC 34/419/420 applied by poilce in FIR......Case is of impersonating in govt  exam, fir registered by school principal with answer sheet, id card photocopy, admit card as attached documents...anticipatory Bail granted to both the people by court yesterday in separate hearings of each...Both people feeling guilt and in future if they convince Public Prosecutor, Investigation Officer(IO) about their fault and file for "Plea Bargaining' application by agreeing on paying FINE as punishment, also accepted by PP, IO...

Is this possible ??? Can we do it just after police files the charge sheet in court....Intention is save future of these two students so that they can apply for jobs without waiting for years for court case verdict.....I had also read on internet that with the IPCs(34/419/420) applied on them those offence s do not come in "Moral turpitude"...hence they can apply for govt jobs by mentioning this case in application form..no problem with that..

 

Experts please share your knowledge on possiibility of Plea Bargaining and also on "Moral turpitude". offence or not ???????????



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 1 Replies

adv.raghavan (Advocate,9444674980)     20 December 2013

it is purely discretion of the court to decide on PLEA BARGAINING under section 265B of crpc,u cannot decide that u can get away by paying fine, even if PP AND IO accepts for the same, the magistrate will have final say on that, for plea bargaining charges have to be dropped for reducing the punishment, what are the chances for that? and under section 420 is cognizable and non bailable to be tried by first class magistrate and compoundable(with the permission of the court),and max punishment is for 7 years. so think twice before taking a call on this.


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