Ramesh Jadhav Presently In Modern Central Jail Colvale., v. Office Of The Suprintendent, Central Jail, Colvale And ANR.,
Wpcr 125 2017
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL WRIT PETITION NO. 125 OF 2017 Ramesh Jadhav, Presently undergoing punishment in Modern Central Jail Colvale. ... Petitioner
Versus
1) Office of the Superintendent, Central Jail, Colvale, Bardez, Goa.
2) Public Prosecutor, High Court of Bombay at Goa, Panaji. ... Respondents Mr. T. George John, Advocate for the Petitioner. Mr. Pravin Faldessai, Additional Public Prosecutor for the State. CORAM:- C. V. BHADANG & PRITHVIRAJ K. CHAVAN, JJ.
DATE:- 20th July, 2017.
ORAL JUDGMENT:
Rule, made returnable forthwith. The learned Additional Public Prosecutor waives service. Heard finally by consent of parties. 2.
The petitioner is challenging part of the impugned order dated 1/7/2017, by which the respondent has imposed a condition for execution of a bond in the sum of Rs.1.00 lakh for directing the release of the petitioner on
Wpcr 125 2017 parole. According to the learned counsel for the petitioner the amount is exorbitant.
3.
The learned Additional Public Prosecutor states that this Court may pass appropriate order looking to the limited issue involved. 4.
This Court has repeatedly held that the amount of fine should be such that the same should not amount to denial of parole. In several matters this Court has reduced the amount of fine appropriately. The petitioner in the present case is a local resident and at present there is no material on record to suggest that the petitioner is likely to misuse the liberty or commit breach of any of the conditions. In such circumstances in our considered view, the amount of the bond needs to be appropriately reduced. 5.
In the circumstances the petition is allowed. The petitioner shall be released on a bond in the sum of Rs.10,000/- (Rupees ten thousand only). The remaining conditions of the release are maintained. Rule is made absolute in the aforesaid terms.
PRITHVIRAJ K. CHAVAN, J. C. V. BHADANG, J. ap/-