Mujib Abu Bakar, Presently Undergoing In Central Jail Aguada, Goa. (C/P.No.151/14) v. The Inspector General Of Prisons, Govt. Of Goa And ANR.,

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IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 27 OF 2015 Mujib Abu Bakar, aged 38 years, convict prisoner no.151/14 presently undergoing punishment in Central Jail, Aguada Goa.

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Petitioner

Versus

1. The Inspector General of Prisons, Government of Goa Office of Inspector General of Prisons, Collectorate-North Goa, Panaji Goa.

2. P.P. High Court.

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Respondents Mr. T. George John, Advocate for the petitioner. Mr. M. Amonkar, Addl. Public Prosecutor for the respondents. Coram:- F. M. REIS & K. L. WADANE, JJ Date :- 30 th March, 2015 ORAL JUDGMENT ( Per F. M. Reis , J) Heard Mr. T. George John, learned counsel appearing for the petitioner and Mr. M. Amonkar, learned Addl. Public Prosecutor appearing for the respondents.

2.

Rule. Heard forthwith with the consent of the learned

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counsel.

3. The learned Addl. Public Prosecutor appearing for the respondents waives service.

4. Upon hearing the learned counsel appearing for the respective parties, a short point for consideration is as to whether the conditions imposed by the Inspector General of Prisons, Panaji in the order dated 20.01.2015 while releasing the petitioner on furlough imposing a condition to execute a personal bond of Rs.1,00,000/- is justified in the facts and circumstances of the case.

5. Mr. T. George John, learned counsel appearing for the petitioner has brought to our notice the certificate issued by the Director of Social Welfare, Panaji, inter-alia disclosing that the family of the petitioner has negligible income. 6.

Considering the facts and circumstances of the case and taking note of the fact that it is not disputed that the petitioner is a resident of State of Goa and that there was no adverse report as far as the petitioner is concerned to avail of such furlough, we find it appropriate and in the interest of justice to

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reduce the amount in clause (1) of the order dated 20.01.2015 to Rs.10,000/- instead of Rs.1,00,000/- referred to therein. Except the said modification, all other conditions imposed in the said order would stand continue to be in operation.

7.

In view of the above, we pass the following : O R D E R (i) The personal bond to be executed by the petitioner in terms of clause (1) of the said order dated 20.01.2015 stands modified from Rs.1,00,000/- to Rs.10,000/-.

(ii) All other conditions shall continue to be in operation.

(iii) Rule is made absolute in above terms.

(iv) The petition stands disposed of accordingly.

K. L. WADANE, J F. M. REIS, J at*