DEELIP S SHETYE Vs. STATE OF GOA

JUDGEMENT

(1.) HEARD learned Counsel on behalf of the parties.

(2.) THE petitioner, a convicted prisoner undergoing sentence under Section 302 IPC, by order dated 16/06/2008, was ordered to be released on furlough for a period of 15 days and was further required in terms of the said order, to execute a bond with surety in form No.I in the sum of Rs.1 lac or give cash security in the said sum. The order remained without being complied with on account of the inability of the petitioner to execute the said bond which according to the petitioner is excessive.

(3.) THERE is a salutary principle laid down in the Code of Criminal Procedure, 1973, in terms of Section 440 thereof, that the amount of every bond shall be fixed with due regard to the circumstances of the case and should not be excessive. There is no reason why a principle like, should not be followed, in principle, in cases like this. In case the petitioner had complied with the provisions of bond of Rs.10,000/-, with one surety in the like amount when the petitioner was released earlier, there was no particular reason why the decision taken at the said meeting should have been followed in the case of the petitioner, and, this makes the decision wholly arbitrary.