High CourtsSingle Bench(2011) 03 BOM CK 0132

Shri Raju Bihari @ Rajesh Kumar vs State of Goa, The Inspector General of Prisons and The Superintendent of Prisons

Bombay High Court · Decided on 30 March 2011

HON’BLE JUDGES
A.P. Lavande, J
CASE NUMBER
Criminal Writ Petition No. 14 of 2011

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Judgment

5 paragraphs · 231 words

A.P. Lavande, J.—Heard Mrs. Dessai, learned Counsel for the petitioner and Mr. Ferreira, learned Public Prosecutor for the respondents.

2.

Rule. By consent heard forthwith.

3.

By this petition, the petitioner, who is undergoing sentence of imprisonment for life for having committed an offence punishable u/s 302 of I.P.C. challenges one of the conditions in the order dated 24th December, 2010 passed by respondent no.2. By order dated 24th December, 2010, respondent no.2 has granted furlough to the petitioner on the condition that he should execute a personal bond in the sum of Rs.1 Lac with one surety in the like amount giving cash or otherwise.

4.

Having heard the learned Counsel for the petitioner and learned Public Prosecutor for the respondents, I am of the considered opinion that the bond amount fixed by respondent no.2 is highly excessive considering that the petitioner is a labourer, which position has not been disputed by the learned Public Prosecutor. I am of the considered opinion that it would be just and proper to fix the bond amount of Rs.10,000/- (Rs. Ten Thousand only.) Accordingly the impugned order dated 24th December, 2010 stands modified and the bond amount is reduced from Rs.1 Lac to Rs.10,000/-. Needless to mention that the petitioner shall offer surety in the amount of Rs.10,000/- only. Rest of the conditions shall remain.

5.

Rule is made absolute in aforesaid terms.