Agnelo D'Costa, Currently Lodged At The Central Jail, At Colvale, Goa. v. State Of Goa, Through The Chief Secretary Of Home Dept. And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.176 OF 2015 Agnelo D'Costa, (Prisoner No.132/14) major of age, currently lodged at the Central Jail at Colvale, Goa ..

Petitioner

Versus

1.

State of Goa through the Chief Secretary of Home Dept.

Alto, Porvorim, Bardez-Goa 2.

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

3.

The Superintendent of Prisons, Central Jail Aguada.

..

Respondents Mr. Anoop Gaonkar, Advocate for the petitioner. Ms. M. Pinto, Additional Public Prosecutor for the respondents. CORAM :- F. M. REIS, & C. V. BHADANG, JJ.

DATE : 16 th December, 2015 ORAL JUDGMENT :

(Per C. V. Bhadang J.) Rule. Rule made returnable forthwith. The learned Additional Public Prosecutor waives service for the respondents. Heard finally by consent of the parties.

2.

The challenge in this petition is to the part of the order dated 24/09/2015, passed by the respondent no.2 under the Goa Prison Rules, 2006, whereby while granting an application for release of the petitioner on furlough, the petitioner has been directed to furnish a personal bond in the sum of Rs.1,00,000/-, with one surety in the like amount. The petitioner is aggrieved by the amount of bond fixed.

3.

It is submitted that the petitioner, who is undergoing sentence in the prison, has no means to furnish the bond of such an exorbitant amount, which has the effect of denial of furlough. It is submitted that the petitioner is a resident of Old Goa. 4.

The learned Additional Public Prosecutor submitted that having regard to the facts and circumstances of the case, appropriate orders be passed.

5.

Having heard the learned Counsel for the parties and having perused the impugned order, the following order is passed :

ORDER

(i) The impugned order is modified to the extent that the petitioner shall be released on furlough on

executing a personal bond in the sum of Rs.10,000/-, with one surety in the like amount, being cash or otherwise.

(ii) Rest of the conditions of the order would stand as they are.

(iii) Rule is made absolute in the aforesaid terms. C. V. BHADANG, J.

F. M. REIS, J.

SMA