Caitan Fernandes, Presently At Central Jail Colvale., v. State Of Goa, Thr. The Superintendent Of Colvale And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 155 OF 2016 CAITAN FERNANDES, PRESENTLY AT CENTRAL JAIL COLVALE., ... Petitioner

Versus

STATE OF GOA, THR. THE SUPERINTENDENT OF COLVALE 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 9th December, 2016 passed by the Superintendent, Central Jail, Colvale 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 parole for a period of 14 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 himself released on parole, which is a right vested in him. He also points out that similar orders passed by the Inspectorate General of Prisons, as also the

WPCR/155/2016 Superintendent of Central Jail, have earlier 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.