Ryan Fernandes v. Officer Of Superintendent Central Jail Colvale
2020-01-28
M.S.SONAK
body2020
DigiLaw.ai
JUDGMENT 1. Heard Shri T. George John, learned Advocate for the petitioner and Shri P. Faldessai, learned Additional Public Prosecutor for the respondents. 2. Rule. Rule is made returnable forthwith with the consent and at the request of the parties. 3. The challenge in this petition is to the clause (1) of the order dated 24/01/2020 by which the petitioner has been ordered tobe released on parole. Clause (1) which is impugned reads as follows : "The prisoner No.09/07, Ryan Fernandes shall execute a Personal Bond in Form II for sum of ?1,00,000/- and produce the Surety in like amount giving cash or otherwise in Form I and Form III." 4. After having heard the rival contentions,I am of the opinion that the petitioner can as well execute the Personal Bond in Form II for an amount of ?1,00,000/-. Since, for the purpose of execution of Bond, it is not as if the petitioner has to deposit the same amount. Further, the clause insofar as it requires to furnish of One surety in the like amount by giving cash or otherwise in Form I and Form III requires some modification. Accordingly, the aforesaid portion of clause (1) is modified and the petitioner should now be permitted to produce one surety in the amount of ?10,000/- (Rupees Ten Thousand only) by giving cash or otherwise in Form I and Form III. 5. The petition is allowed in the aforesaid terms. There shall be no order as to costs. 6. All concerned to act on the basis of the authenticated copy of the order.