GUERRERO LUGO ELVIA GISSEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This matter raises pure question of law as to the interpretation of Section 265-E of the Code of Criminal Procedure, 1973, in particular clause (d) thereof. The petitioners were arrested by DCB, C.I.D., Unit XII, in connection with C.R. No. 77/2010 on 26 th August, 2010 at Dubai for having committed offence under Sections 380 and 34 of the Indian Penal Code.

(2.) Shorn of details, the prosecution case is that -

(3.) In this backdrop, the petitioners were arrested on 26 th August, 2010 in connection with the alleged offence. After carrying out investigation, the police filed charge-sheet against the accused (petitioners). The petitioners had applied for bail, which was, however, rejected on 4 th December, 2010. Since the petitioners were more than convinced that the trial of the case would take quite some time, and the petitioners, being foreign nationals from Mexico, were keen to return back to their home countries at the earliest, they decided to move an application under Section 265-B of the Code, for plea-bargaining. The said application was filed on 22 nd December, 2010. Besides, the petitioners filed separate affidavits, stating that they have filed the application for plea-bargain after understanding the nature and extent of punishment provided under law for the offence. Further, they have filed the said application voluntarily. They asserted that they have not been convicted previously by any Court of the same offence with which they have been charged and facing trial.