Rajesh Kumar Swami, Presently At Central Jail Colvale., v. State Of Goa, Thr. I.G. Prison And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 154 OF 2017 RAJESH KUMAR SWAMI, PRESENTLY AT CENTRAL JAIL COLVALE., ... Petitioner

Versus

STATE OF GOA, THR. I.G. PRISON AND ANR., ... Respondents Adv. T. George John for the Petitioner.

Mr. P. Faldessai, Addl. Public Prosecutor for the Respondent nos 1 and 2.

Coram:- C. V. BHADANG & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 8th September 2017 P.C.:

By this petition, the petitioner is challenging a part of the order dated 21/8/2017, by which the respondent no.1 has imposed a condition of furnishing of a bond for Rs.1.00 lakh for release of the petitioner on furlough. It is contended that the amount is exorbitant amounting to denial of furlough which is otherwise a right.

2. We have heard the learned counsel for the applicant and the learned Additional Public Prosecutor for the respondents.

3. This Court has repeatedly held in several cases that the

WPCR/154/2017 amount of bond should not be such as to amount to denial of furlough. There are no circumstances justifying the imposition of a condition for furnishing of a bond in the sum of Rs.1.00 lakh. We find that it would be appropriate to release the petitioner on execution of a bond in the sum of Rs.25,000/- (Rupees Twenty five thousand only). The order is accordingly modified. The rest of the conditions of the order stand.

PRITHVIRAJ K. CHAVAN, J.

C. V. BHADANG, J.

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