Monty Rodrigues Presently serving sentence at Central Jail Aguada, Sinquerim, Goa, Through his brother Shri Rosario Rodrigues vs State of Goa and The Superintendent of Prisons, Central Jail Aguada Goa

F.M. Reis, J.—Heard MRs. Asha Dessai, learned Counsel appearing for the petitioner and Shri C.A. Ferreira, learned Public Prosecutor for the respondents.

Rule. Heard forthwith with the consent of the learned Counsel. Learned Public Prosecutor waives service on behalf of the respondents.

The short point in controversy in the above petition is that the respondent No. 2 whilst disposing of the application filed by the petitioner for furlough for a period of 28 days has inter alia imposed the condition that the petitioner should furnish a personal bond in Form II for a sum of Rs. 1 lac and a surety in the like amount.

MRs. Asha Dessai, learned Counsel appearing for the petitioner has pointed out that the petitioner does not have necessary means to furnish a bond of such high amount of Rs. 1 lac. Learned Counsel further pointed out that the petitioner has availed furlough on earlier at least eight occasions and he has always complied with the terms and conditions. Learned Counsel, as such, submits that the amount of personal bond be reduced.

Shri C.A. Ferreira, learned Public Prosecutor appearing for the respondents has filed a report addressed to the Additional Inspector General of Prisons dated 1/02/2012 inter alia disclosing that the monthly income of the family of the petitioner is about Rs. 2,250/-.

Having heard the learned Counsel and on perusal of the record, taking note of the fact that the petitioner has availed of furlough on earlier occasions and there is no grievance raised by the respondents that the petitioner has breached the terms imposed on him, I find that a personal bond of Rs. 1 lac deserves to be modified. Taking note of the fact that the respondents have filed a report to the effect that the family monthly income of the petitioner is only a sum of Rs. 2,250/-, I find it appropriate in the interest of justice that the amount of personal bond and surety be reduced from Rs. 1 lac to Rs. 20,000/-. All the remaining conditions imposed in the impugned order shall continue.

In view of the above, I pass the following order.

ORDER

(i) The petition is partly allowed.

(ii) The impugned order dated 21/12/2011 is modified and the amount of personal bond mentioned at clause (1) of the said order is4 modified from Rs. 1 lac to Rs. 20,000/-.

(iii) All the remaining conditions mentioned therein shall continue to be in operation.

(iv) Rule is disposed of in the above terms.

(v) Petition stands disposed of accordingly.