MAHESH KAGI Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Ms. Gawas, learned counsel for the petitioner and Mr. Ferreira, learned Public Prosecutor for the respondents.

(2.) Rule By consent of the learned counsel heard forthwith.

(3.) By this petition, the petitioner challenges condition imposed by the respondent no.2 in order dated 1/6/2011 granting furlough to the petitioner. According to the petitioner, the condition imposed by respondent no.2 calling upon the petitioner to execute a personal bond in the sum of Rupees one lakh with one surety in the like amount by giving cash or otherwise is patently illegal and unreasonable in asmuchas the petitioner prior to his arrest for the offence punishable under Section 8(2) of the Goa Children's Act 2003 read with Section 376 of I.P.C was doing labour work and was earning Rs.2000/- per month. It is therefore the case of the petitioner that the petitioner is not in a position to furnish personal bond in the sum of Rupees one lakh or surety in the like amount.