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Bombay High CourtWPCR/65/2016rule made absolute

Rekha Rudragal, Presently At Sub Jail Sada, Vasco. v. State Of Goa, Thr. The Chief Secretary Of Home Dept. And 2 ORS.,

2016-05-03F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

1 WPCR/65/2016

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION No. 65 OF 2016 Rekha Rudragal (Lady Prisoner No.04/13) Presently at Sub Jail Sada, Vasco-Goa.

.... Petitioner v/s.

1. State of Goa through the Chief Secretary of Home Dept.

Alto, Porvorim, Bardez-Goa.

2. The Inspector General of Prisons Collectorate, North Goa, Panaji Goa.

3. The Superintendent of Prisons, Sub Jail Sada.

.... Respondents.

Mr. Anoop Atchut Gaoker, Advocate for the Petitioner. Mr. S. R. Rivonkar, Public Prosecutor for the Respondents Coram:- F.M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 03 rd May, 2016 ORAL JUDGMENT: (PER F.M. REIS, J.) Rule.

2. Upon hearing Mr. Anoop Gaoker, the learned Counsel appearing for the Petitioner, the only grievance of the Petitioner is that whilst releasing the Petitioner on furlough, a condition has been imposed to the effect that the Petitioner would have to sign a personal bond of Rs.1,00,000/- with one surety of like amount. Learned Counsel for the Petitioner states that the Petitioner has no means to execute such bond.

2 WPCR/65/2016

3. Learned Public Prosecutor submits to the Order of the Court.

4. In the peculiar facts of the case and considering the overall circumstances mentioned in the petition, we find it appropriate to modify the condition no. 1 by substituting the sum of personal bond of Rs.1,00,000/- with a sum of Rs.15,000/- with two sureties of like amount. The remaining conditions stipulated therein shall continue to be in operation.

5. Rule made absolute. The Criminal Writ Petition stands disposed of accordingly.

NUTAN D. SARDESSAI, J. F. M. REIS, J. msr