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2012 DIGILAW 743 (BOM)

Jagdish Solanki v. State Of Goa

2012-04-04

F.M.REIS

body2012
JUDGMENT Heard Shri S. Shetkar, the learned Counsel appearing for the petitioner and Shri C.A. Ferreira, the learned Public Prosecutor for the respondents. 2. Rule. Heard forthwith with the consent of the learned Counsel. 3. The above petition challenges the condition imposed by the respondent no.2 whilst granting furlough to the petitioner by order dated 19/09/2011 whereby one of the conditions imposed by the said order being condition no.1 is that the petitioner was called upon to furnish the bond of Rs.1 lac and produce one surety of the like amount by giving cash or otherwise. 4. The learned Counsel appearing for the petitioner has pointed out that the petitioner does not have the necessary means to furnish such a personal bond and produce the surety of the like amount in the sum of Rs.1 lac and, as such, he is not in a position to be released on furlough as ordered by the impugned order. The learned Counsel has pointed out that the amount of personal bond and the surety be accordingly reduced. The learned Public Prosecutor has produced a letter and a report from the Superintendent of Police of Diu stating inter alia that the total monthly income of the petitioner is Rs.12,000/- 5. Considering the said aspect, I find that the respondent no.2 was not justified to impose a condition to execute personal bond of a sum of Rs.1 lac and produce a surety of the like amount. 6. Considering the facts and circumstances of the case and taking note of the report produced by the learned Public Prosecutor, I find that the personal bond to be executed by the petitioner in clause 1 of the impugned order passed by the respondent no.2 is to be reduced to a sum of Rs.15,000/-instead of a sum of Rs.1 lac. To that extent condition no.1 shall stand modified. 6. In view of the above, I pass the following order: ORDER (i) The petition is partly allowed. (ii) The condition no.1 directing the petitioner to execute personal bond of Rs.1 lac and the surety of the like amount is modified to Rs.15,000/- instead of Rs.1 lac. (iii) All other conditions imposed in the impugned order shall continue to operate. (iv) Rule in the above terms. (v) Petition stands disposed of accordingly.