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hi,
ReplyDeletenice work as usual, :)
1. "submissions made in a plea bargaining application do not form part of ANY pleadings"
but i guess plea bargaing ittself is a separate pleading hence application forms the part of its own pleadings i.e pleadings of plea bargaining.
2. if application fail on your second mentioned ground, is accused liable for perjury?
3. what will be the regular procedure under law?
i may be wrong but as i knw it goes like this....:)
Dear Atif
DeleteThanks again. Please find answers below.
1. Yes, Your understanding is correct. This is to say that the pleadings/submissions made by the accused in a plea bargain application cannot be used in any other proceedings against the accused. They are meant only for the plea bargain application.
2. Yes. Stating incorrect facts in an affidavit before the court amounts to perjury.
3. Regular procedure under law: means the law and procedure applicable to that particular case as if no such application were made. For instance it is a cheque bouncing case, a person enters plea bargain and the application is rejected, the case will be proceed under section 138 of the Negotiable Instruments Act.