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Bombay High CourtWPCR/4/2018allowed

Lalsa Pal, Presently At Central Jail Colvale., v. State Of Goa, Thr. Inspecor General Of Prison, Panaji And ANR.,

2018-01-12Hon'Ble Shri Justice Shantanu S. Kemkar,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 4 OF 2018 LALSA PAL, PRESENTLY AT CENTRAL JAIL COLVALE., ... Petitioner

Versus

STATE OF GOA, THR. INSPECOR GENERAL OF PRISON, PANAJI AND ANR., ... Respondents Mr. T. George John, Advocate for the petitioner. Mr. P. Faldessai, Addl. Public Prosecutor for the respondents. Coram:- SHANTANU S. KEMKAR & NUTAN D. SARDESSAI, JJ.

Date:- 12th January 2018 P.C.

Challenging the part of the order dated 30th November 2017 passed by the Inspector General of Prisons by which though the petitioner has been ordered to be released on furlough for a period of 28 days on execution of personal bond but in the sum of Rs.50,000/- with one surety in the like amount, the petitioner has filed this petition to relax the condition of personal bond of Rs.50,000/- with one surety in the like amount to Rs.10,000/-.

2. According to the petitioner, the condition is onerous and as such she could not furnish the personal bond in the sum of

WPCR/4/2018 Rs.50,000/- and one surety in the like amount and avail the benefit of the order as yet.

3. Having considered the submissions made by the learned counsel for the petitioner as also the learned Addl. Public Prosecutor, we are of the view that the condition which has been imposed upon the petitioner for the release on furlough appears to be onerous and as such we deem it appropriate to modify the said condition by substituting it that the petitioner to execute a personal bond in the sum of Rs.10,000/- with one local surety in the like amount to the satisfaction of the Superintendent of Central Jail, Colvale.

4. Accordingly, this petition is allowed to the extent indicated above.

5. Needless to say that we have not modified the other conditions of the release order.

6. Parties to act on an authenticated copy of this order. NUTAN D. SARDESSAI, J.

SHANTANU S. KEMKAR, J.

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