Mr. Ashok Rathod, Presently Lodged At Central Jail, Colvale., v. State Of Goa, Thr. The Chief Secretary, Govt. Of Goa And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 151 OF 2016 MR. ASHOK RATHOD, PRESENTLY LODGED AT CENTRAL JAIL, COLVALE., ... Petitioner

Versus

STATE OF GOA, THR. THE CHIEF SECRETARY, GOVT. OF GOA AND 2 ORS., ... Respondents Ms. D. Tulkar and Mr. S. Pinto, Advocates for the petitioner. Mr. P. Faldessai, Additional Public Prosecutor for the respondents.

Coram:- SMT. R. P. SONDURBALDOTA & C. V. BHADANG, JJ.

Date:- 20th December, 2016 P.C.

The petitioner, who has been convicted of the offence punishable under Section 376 of Indian Penal Code read with Section 8(2) of the Goa Children's Act, 2003, is serving the sentence at Central Jail, Colvale, Goa. He had made an application for furlough for 28 days. His application is rejected by Inspector General of Prisons, respondent no.2 by his order dated 1st December, 2016. The reason for rejection of the application is an adverse report filed by the police. The only ground for the adverse report is an apprehension that the petitioner, if released on furlough, may abscond/ disappear and will not report back as the punishment is of severe nature.

WPCR/151/2016

2. The punishment imposed upon the petitioner is of 10 years Rigorous Imprisonment. He has already completed more than 5 years of sentence. He has been out on furlough on two occasions and has duly reported back to the Superintendent of Jail, on expiry of the period of parole. Therefore, apparently, there is no substance in the bald apprehension stated in the report of the police. Hence, the petition is allowed in terms of prayer clause (a). The petitioner be released on furlough for the period of 28 days on the execution of a Personal Bond in the sum of Rs.10,000/-, with one surety in the like amount and on usual conditions.

C. V. BHADANG, J.

SMT. R. P. SONDURBALDOTA, J.

SMA