State of U.P. Vs. Nasruddin & Anr.
EmailAppeal: Criminal Appeal No. 57 of 2000
(Arising out of SLP (Crl.) 3438 of
1999)
(Arising out of SLP (Crl.) 3438 of
1999)
Petitioner: State of U.P.
Respondent: Nasruddin & Anr.
Apeal: Criminal Appeal No. 57 of 2000
(Arising out of SLP (Crl.) 3438 of
1999)
(Arising out of SLP (Crl.) 3438 of
1999)
Judges: K.T. THOMAS & M.B. SHAH, JJ.
Date of Judgment: Jan 17, 2000
Head Note:
CRIMINAL LAW
Plea bargain – Permissibility. Held in view of the decision of the Apex Court in State of U.P. v. Chandrika (JT 1999 (8) SC 481) plea bargain is not permissible in criminal cases. High Court erred in yielding to such bargain. Accused who paid the amount pursuant to such bargain directed to apply for refund of the amount.
Cases Reffered:
1. State of Uttar Pradesh v. Chandrika (JT 1999 (8) SC 481)
JUDGEMENT:
ORDER
1. Leave granted.
2. Heard both sides.
3. The impugned judgment is another instance of plea-bargain to which a learned Single Judge of the Allahabad High Court had yielded. In the light of the decision of this Court in State of Uttar Pradesh v. Chandrika (JT 1999 (8) SC 481) we upset the impugned judgment and direct the Allahabad High Court to dispose of the appeal afresh. Respondents will remain on bail till dispo-sal of the appeal on the same bond on which they were released during the pendency of that appeal. It is submitted that respond-ents have remitted a total amount of Rs. 10,000/- pursuant to the said judgment. We permit them to apply for refund of the said amount without prejudice.
4. With these observations, we dispose of this appeal.
1. Leave granted.
2. Heard both sides.
3. The impugned judgment is another instance of plea-bargain to which a learned Single Judge of the Allahabad High Court had yielded. In the light of the decision of this Court in State of Uttar Pradesh v. Chandrika (JT 1999 (8) SC 481) we upset the impugned judgment and direct the Allahabad High Court to dispose of the appeal afresh. Respondents will remain on bail till dispo-sal of the appeal on the same bond on which they were released during the pendency of that appeal. It is submitted that respond-ents have remitted a total amount of Rs. 10,000/- pursuant to the said judgment. We permit them to apply for refund of the said amount without prejudice.
4. With these observations, we dispose of this appeal.
