Bombay High CourtWPCR/15/2017disposed of

Shrikant John Mane, Presently At Central Jail Colvale., v. State Of Goa, Thr. Sup. Of Central Jai Colvale And ANR.,

2017-01-17F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 15 OF 2017 SHRIKANT JOHN MANE, PRESENTLY AT CENTRAL JAIL COLVALE., ... Petitioner

Versus

STATE OF GOA, THR. SUP. OF CENTRAL JAI COLVALE AND ANR., ... Respondents Shri T. George John,Advocate for the petitioner. Shri P. Faldessai, Additional Public Prosecutor for the respondents.

Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 17th January, 2017 P.C.:

The petitioner had challenged the order dated 5.1.2017 pursuant to which the Superintendent of Central Jail, Colvale had ordered the release of the petitioner on parole for a period of 14 days on execution of Personal Bond in the prescribed form of Rs.1,00,000/-(Rupees one lakh only) and on furnishing surety in the like amount in the prescribed form or giving cash security in the prescribed Form-III and other conditions inherent therein pertaining to his release.

2. Shri T. George John, the learned Counsel for the petitioner submits that the first condition imposed has made it impossible for the petitioner to get himself released on parole. He also submitted that similar such orders passed by the Inspector

WPCR/15/2017 General of Prisons, as also the Superintendent of Central Jail, have been modified by this Court by reducing the amount of the Personal Bond.

3. Shri P. Faldessai, learned Addl. Public Prosecutor on behalf of the State fairly concedes that similar such orders have been passed by this Court reducing the amount in the Personal Bond which even otherwise is not justifiable. The impugned order therefore directing the petitioner to execute the Personal Bond in the amount of Rs.1,00,000/- (Rupees one lakh only) cannot be justified and is modified by reducing the amount of personal bond of Rs.10,000/-(Rupees ten thousand only) and other conditions in the order passed by the Superintendent of Central Jail, Colvale are maintained.

4. Petition is accordingly disposed off.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.