Mangesh Jaywant Wadekar, Presently At Central Jail Colvale., v. Office Of The Superintendent, Central Jail, Colvale And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 105 OF 2017 MANGESH JAYWANT WADEKAR, PRESENTLY AT CENTRAL JAIL COLVALE., ... Petitioner

Versus

OFFICE OF THE SUPERINTENDENT, CENTRAL JAIL, COLVALE AND ANR., ... Respondents Shri T.George John, Advocate for the petitioner. Shri S.R.Rivonkar, Public Prosecutor for the respondents. Coram:- C. V. BHADANG & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 29th June, 2017 P.C.

Heard Shri T.George John, learned counsel appearing for the petitioner and Shri S.R.Rivonkar, learned Public Prosecutor appearing for the respondents.

2. The petitioner is challenging the part of the order dated 22nd May, 2017 by which the petitioner has been directed to be released on parole, on the condition of the execution of a Personal Bond in the sum of Rs.One lakh. The petitioner states that the amount is exorbitant and amounts to denial of parole.

3. We have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondents.

WPCR/105/2017

4. We have noticed that in several such matters, the Competent Authority is imposing the condition of Personal Bond in the sum of Rs.one lakh which, in our view, is exorbitant. It is well settled that the amount of the Personal Bond should be fixed having regard to the circumstances of the case and the amount should not be such which would have the effect of refusal of the parole.

5. In such circumstances, the impugned order directing the petitioner to execute a Personal Bond in the sum of Rs.One lakh is modified by reducing the amount of Personal Bond to Rs.Ten thousand. Rest of the conditions in the order are maintained.

6. The petition is disposed of in the aforesaid terms. PRITHVIRAJ K. CHAVAN, J.

C. V. BHADANG, J.

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