Bombay High CourtWPCR/8/2018disposed of

Mohmad Adil, Presently At Central Jail Colvale., v. Inspector General Of Prison, Govt. Of Goa, 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. 8 OF 2018 MOHMAD ADIL, PRESENTLY AT CENTRAL JAIL COLVALE., ... Petitioner

Versus

INSPECTOR GENERAL OF PRISON, GOVT.

OF GOA, PANAJI AND ANR., ... Respondents Mr. T. George John, Advocate for the petitioner. Mr. M. Amonkar, Addl. Public Prosecutor for the respondents. Coram:- SHANTANU S. KEMKAR & NUTAN D. SARDESSAI, JJ.

Date:- 12th January 2018 P.C.

By filing this petition, the petitioner is seeking modification/review of the judgment dated 6th April, 2015 passed by the Division Bench of this Court in Criminal Writ Petition No.38 of 2015. By the said judgment, the amount of personal bond was directed to be executed for the release on furlough has been brought down from Rs.1,00,000/- to Rs.25,000/- besides one additional surety for a sum of Rs.10,000/-.

2. The learned counsel for the petitioner submits that the financial condition of the petitioner is very poor and he is not able to execute the personal bond in the sum of Rs.25,000/-and

WPCR/8/2018 cannot arrange for a surety in the like amount. In the circumstances, the prayer has been made to reduce the amount further to the extent of Rs.10,000/- with one local surety in like amount by modifying the earlier order. He submits that because of inability to comply the said condition the petitioner could not 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 Additional Public Prosecutor, we dispose of this petition by modifying the earlier order by directing to release the petitioner on his furnishing 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. With the aforesaid direction, the petition is disposed of.

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

SHANTANU S. KEMKAR, J.

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