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Bombay High CourtWPCR/59/2016rule disposed of

Khalil Kureshi, Presently In Modern Central Jail Colvale, Thr. His Next Friend Mr. Dilawar M. Mooke v. The Inspector General Of Prisons Government Of Goa And ANR.,

2016-04-28F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA.

Criminal Writ Petition No.59 of 2016 Khalil Kureshi Convict prisoner no.186/15 Presently undergoing punishment in Modern Central Jail Covale, Goa, this petition filed through his next friend Mr. Dilawar M Mooke age adult Ram Kurshi Nagar, Alto Betim Goa. Petitioner

Versus

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

2. PP High Court Respondents. ....

Shri T. George John, Advocate for the petitioner. Shri S.R. Rivonkar, Public Prosecutor for the respondents. .....

CORAM : F.M.REIS & N.D.SARDESSAI, JJ DATED : 28/04/2016.

Oral Judgment (Per F.M. Reis, J.) 1] Heard Shri T. George John, learned counsel appearing for the petitioner and Shri Rivonkar, learned Public Prosecutor appearing for the respondents.

2] Rule. Heard forthwith, with the consent of the learned counsel appearing for the parties. Shri Rivonkar, learned Public Prosecutor appearing for the respondents waives service. 3] The only grievance of the petitioner in the above writ petition is that the Inspector General of Police of Prisons, by an

order dated 30th March, 2016 while releasing the petitioner on furlough has imposed a condition no.1 that the petitioner has to execute a personal bond for a sum of `1,00,000/-. The learned counsel appearing for the petitioner submits that the petitioner has no means to furnish such personal bond and as such prays for reduction of such amount. The learned Public Prosecutor submits that in the peculiar facts and circumstances of the case, this Court has reduced the amount to a sum of `10,000/-. 4] On perusal of the record and considering that it is not disputed that the petitioner has no means to furnish such personal bond, we find that interest of justice would be served, subject to all other conditions imposed in the said order, that the condition no.1 be modified and the personal bond referred to therein be fixed at `10,000/- instead of `1,00,000/- stated therein with one local solvent surety amount. 5] Subject to the above modification, all other conditions in order shall continue to be in operation.

6] Rule stands disposed of accordingly. N.D.SARDESSAI, J F.M. REIS, J mukund