Prakash Nair, Presently At Central Jail Colvale., v. State Of Goa, Thr. The Ig Prison And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 154 OF 2016 PRAKASH NAIR, PRESENTLY AT CENTRAL JAIL COLVALE., ... Petitioner

Versus

STATE OF GOA, THR. THE IG PRISON AND ANR., ... Respondents Mr. T. George John, Advocate for the petitioner. Mr. Pravin Faldessai, Additional Public Prosecutor for the respondents.

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

Date:- 15th December, 2016 P.C.:

The petitioner challenges the Order dated 20th September, 2016 passed by the Inspectorate General of Prisons to the extent of imposition of the condition of execution of Personal Bond in Form II for Rs.1.00 lakh and produce one surety in the like amount, giving cash or otherwise, for releasing the petitioner on furlough for a period of 28 days.

2. Mr. T. George John, the learned Counsel for the petitioner submits that the condition imposed, has made it impossible for the petitioner to get him released on furlough, which is a right vested on him. He also points out that similar orders passed by the Inspectorate General of Prisons, have earlier

WPCR/154/2016 been modified by reducing the amount of Personal Bond. However, no note of those orders has, admittedly, been taken by the Authority.

3. The impugned order, directing the petitioner to execute Personal Bond in the sum of Rs.1.00 lakh, cannot be justified. The same is modified by reducing the amount of Personal Bond to Rs.10,000/-. Rest of the conditions in the order are maintained. It is hoped that the concerned Authority would take note of the consistent orders issued by this Court as regards the quantum of Personal Bond to be executed by a prisoner. The petition is, accordingly, disposed off.

4. Parties to act on the duly authenticated copy of this order.

C. V. BHADANG, J.

SMT. R. P. SONDURBALDOTA, J.

ssm.