Case Note & Summary
The petitioners, four foreign nationals from Mexico and Venezuela, were arrested in Dubai on 26 August 2010 in connection with the theft of diamonds worth Rs. 6,60,85,000 from an international jewellery exhibition in Mumbai. They were charged under Sections 380 and 34 of the Indian Penal Code. During the trial, they filed an application for plea bargaining under Chapter XXI-A of the Code of Criminal Procedure, 1973. The court, after hearing the parties, indicated a tentative sentence of imprisonment. The petitioners then sought to withdraw their plea bargaining application, but the trial court rejected the withdrawal, holding that once the application is made, it cannot be withdrawn. The petitioners challenged this order by way of a criminal writ petition before the Bombay High Court. The High Court examined the provisions of Section 265-E, particularly clause (d), which states that 'the court may, in its discretion, permit the accused to withdraw the application'. The court interpreted the word 'may' as conferring a discretionary power on the court, not an absolute bar. It held that the discretion must be exercised judicially, and in this case, since the petitioners were not willing to accept the sentence indicated by the court, they should be permitted to withdraw the application. The court allowed the petition, set aside the trial court's order, and permitted the petitioners to withdraw their plea bargaining application, directing the trial to proceed in accordance with law.
Headnote
A) Criminal Procedure - Plea Bargaining - Withdrawal of Application - Section 265-E(d) CrPC - Interpretation of clause (d) of Section 265-E - The court held that the word 'may' in clause (d) confers discretion on the court to permit withdrawal of a plea bargaining application at any stage before the final order under Section 265-F is passed, and such discretion must be exercised judicially, not arbitrarily. The petitioners, foreign nationals accused of theft, sought to withdraw their plea bargaining application after the court indicated a sentence of imprisonment, which they were not willing to accept. The court allowed withdrawal, noting that the legislative intent is to provide a voluntary and mutually satisfactory disposition. (Paras 1-10)
Issue of Consideration
Whether an accused can withdraw an application for plea bargaining under Section 265-E of the Code of Criminal Procedure, 1973, before the court passes a final order under Section 265-F.
Final Decision
The High Court allowed the petition, set aside the trial court's order, and permitted the petitioners to withdraw their plea bargaining application. The trial court was directed to proceed with the trial in accordance with law.
Law Points
- Plea bargaining
- withdrawal of application
- Section 265-E CrPC
- interpretation of clause (d)
- criminal procedure
