Mr. Norman Fernandes, 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. 153 OF 2016 MR. NORMAN FERNANDES, PRESENTLY LODGED AT CENTRAL JAIL, COLVALE., ... Petitioner

Versus

STATE OF GOA, THR. THE CHIEF SECRETARY, GOVT. OF GOA AND 2 ORS., ... Respondents Ms. Maria Caroline Collasso, Advocate for the petitioner. Mr. P. Faldessai, Additional Public Prosecutor for the respondents.

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

Date:- 22nd December, 2016 P.C.

The petitioner, who has been convicted of the offences punishable under Sections 302, 307 and 452 of Indian Penal Code, is presently undergoing the sentence of Life Imprisonment at Central Jail, Colvale, Bardez, Goa. He had filed an application for being released on furlough for 21 days. By the order dated 1st December, 2016, the Inspector General of Prisons dismissed the application by stating the reason that "there is every possibility of breach of peace in the locality of Bambolim and St. Cruz area. The prisoner may create problem to the witnesses who had deposed against him and that the witnesses who stood by prosecution in the case will be demoralized. Also the prisoner will take advantage of furlough and may not surrender back to Jail."

WPCR/153/2016

2. Ms. Collasso, the learned Counsel for the petitioner states that the very report of the police states that furlough was required by the petitioner on account of the medical treatment to be given to his 7 years old son. He is required to be operated and the wife of the petitioner needs support of the petitioner at that time. The report of the Superintendent of Police does not state specific basis for the apprehension felt. However, considering the fact that there is an adverse report and the gravity of the offences, in respect of which the petitioner has been convicted, we are inclined to allow the petition, by imposing a condition that while on furlough, he shall make no contact whatsoever with the witnesses, who had deposed against him during the trial. With this condition, the petitioner be released on furlough for 21 days, on condition of his executing a Personal Bond in the sum of Rs.10,000/- with one surety in the like amount and on other usual conditions.

3. Parties to act on the authenticated copy of the order. C. V. BHADANG, J.

SMT. R. P. SONDURBALDOTA, J.

SMA