Subham S/O Suresh Tekam v. Deputy Inspector General Of Prison (East Region) Nagpur And Another

57-WP-809-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 809 OF 2021 (Subham s/o Suresh Tekam Vs. Deputy Inspector General of Prison (East Region), Nagpur & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.D. Chande and Ms. P.M. Mane, Advocates for the petitioner.

Mrs. N.R. Tripathi, A.P.P. for the respondents. .....

CORAM : M.S. SONAK & PUSHPA V. GANEDIWALA, JJ.

NOVEMBER 16, 2021.

Heard Mr. Chande and Ms. Mane, learned counsel for the petitioner and Mrs. Tripathi, learned A.P.P. for the respondents.

2] By this petition, the petitioner seeks modification in the condition imposed on the petitioner for availing Furlough. The impugned order dated 17/09/2021 has required the petitioner to furnish a bond of Rs.50,000/- as well as surety in the like amount. There is also a direction to provide a cash surety of Rs.50,000/-.

3] Ms. Mane, learned counsel for the petitioner submits that the surety amount is quite excessive and having regard to the circumstance that the petitioner will not be able to afford the same, it is

57-WP-809-2021 only proper that the surety amount is reduced to Rs.5,000/-.

4] According to us, Ms. Mane's submission deserves acception in the facts and circumstances of the case. Though, sureties are required to be insisted upon, the authorities should take into account all factors including the financial capacity of the prisoner.

5] In the facts of the present cast, therefore, a case has been made out for modification as prayed for.

6] Accordingly, we allow this petition and modify the conditions in the impugned order. The petitioner will now have to give a bond in an amount of Rs.25,000/- and provide a cash surety of Rs.5,000/-. There shall be no order for costs. (PUSHPA V. GANEDIWALA, J.) (M.S. SONAK, J.) Sumit