Plea Bargaining Constitutional Challenges and Legal Implications A Study With Reference To the Courts of Judicial Magistrate of First Class in Marathwada Rigion Maharashtra

Abstract

The Concept of plea bargaining has been a popular and controversial newlinesubject among various countries. There are reports, stating that plea newlinebargaining is practiced successfully in very few countries like U.S.A. It has newlinebecome unavoidable part of criminal justice system there. newlineFrom the beginning in our country, the Supreme Court criticized the newlinepractice of plea bargaining and held it as illegal and unconstitutional. This newlineview of Supreme Court was expressed in case of Madanlal Ram Chandra newlineDaga V. State of Maharashtra, AIR SC 1968 1267 and in case of newlineMurlidhar Meghraj Loya V. State of Maharashtra, AIR 1975 SC 1929. newlineThe Indian courts have been very reluctant to follow procedure of plea newlinebargaining. At the same time, there have been many grievances among public newlinethat criminal trial of accused take a considerable time to disposal of by judges. newlineTheir trials do not commence for four of five years. During this period newlineaccused would languish in prison for indefinite period. Languishing period newlinewas used to be more than if they could have been found guilty for an offence. newlineThese facts came to notice the Supreme Court in prominent case of newlineHussainara Khatoon V. State of Bihar, AIR 1979 SC 1360 in case newlineSupreme Court observed that. newline The offences with which some of them are charged are trivial, newlinewhich even if proved, would not warrant punishment for more than a newlinefew months, perhaps for a year two and yet these unfortunate forgotten newlinespecimen of humanity are in jail, deprived of their freedom for periods newlineranging from three to ten years without even as much as their trial newlinehaving commenced. newlineII newlineThese concerns were expressed for under trial prisoners. The court newlinefurther held that the lost souls are kept behind bar because they are not guilty newlinebut they are too poor to afford bail, the courts do not have time to try them. newlineDespite the stern warning of Supreme Court for speedy disposal of cases ratio newlinecould not be improved. newlineIn the same course of time, plea bargaining has been successful newlinepractice in United States. In U.S.A. 90% of cases are settled by p