VENKATESH K PATIL Vs. STATE OF GOA

JUDGEMENT

(1.) HEARD Ms. Dessai on behalf of the petitioner and Ms. W. Coutinho on behalf of the respondents. Rule. By consent heard forthwith.

(2.) THE petitioner, a convict undergoing sentence under Sections 302 IPC has been ordered to be released on furlough by order dated 6/06/2008. However, his grievance appears to be that the amount of bond of Rs. 1 lac required to be executed by him is excessive and as a result of which the order dated 6/06/2008 has remained without being implemented.

(3.) IT appears that the bond amount of Rs. 1 lac has been fixed in view of the policy decision taken on 26/03/2008 pursuant to the directions of this court in Criminal Writ Petition No. 5/2008. However, the fact remains that the petitioner was earlier released on furlough by order dated 30/09/2003 for a period of 30 days and on completion of the said period the petitioner had returned to jail. Counsel on behalf of the petitioner submits that the petitioner had executed a bond of Rs. 10,000/-while being released on furlough by order dated 30/09/2003. If that is so, there is no reason why, the amount of bond to be executed this time had to be enhanced. It is also submitted that the petitioner's case is not covered by the said decision. Being so, it would be in the interest of justice that the amount of the bond required to be executed by the petitioner in terms of order dated 6/06/2008 is reduced to the same amount of the bond executed by him when the petitioner was granted furlough by order dated 30/09/2003.