High CourtsSingle Bench(2011) 06 BOM CK 0149

Shri Vincy Pereira, presently Serving Sentence at Central Jail, through His Sister Anita Chari vs State of Goa and The Superintendent of Prisons, Central Jail

Bombay High Court · Decided on 15 June 2011 · Citation: (2011) 3 Crimes 417

HON’BLE JUDGES
A.P. Lavande, J
CASE NUMBER
Criminal Writ Petition No. 41 of 2011

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Judgment

6 paragraphs · 237 words

A.P. Lavande, J.—Heard Mrs. Dessai, learned Counsel for the Petitioner and Mr. Ferreira, learned Public Prosecutor for the Respondents.

2.

Rule. By consent, heard forthwith.

3.

By this petition, the Petitioner, who is undergoing sentence of imprisonment for a period of 10 years for having committed an offence punishable u/s 20(b)(ii) and 2 (C) of Narcotic Drugs and Psychotropic Substance Act, 1985 challenges one of the conditions in the order dated 25th May, 2011 passed by Respondent No. 2 granting parole to the Petitioner. By the said order, Respondent No. 2 granted parole to the Petitioner on the condition that he should execute the personal bond in the sum of Rs. 1 Lac with one surety in the like amount with firm roots in property or business set up in Goa.

4.

Having heard the learned Counsel for the Petitioner and learned Public Prosecutor for the Respondents, I am of the considered opinion that the bond amount fixed by Respondent No. 2 is highly excessive.

5.

Considering the status of the Petitioners, I am of the considered opinion that it would be just and proper to fix the bond amount in the sum of Rs. 10,000/- (Rs. Ten Thousand only). Accordingly, the impugned order dated 25th May, 2011 stands modified and the bond amount is reduced to Rs. 10,000/- (Rs. Ten Thousand Only).

6.

Rule is made absolute in aforesaid terms with no order as to costs.