RAGHUVIR SHARMA Vs. STATE OF GOA
HIGH COURT OF BOMBAY
STATE OF GOA
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Nutan D. Sardessai, J. -
(1.) Rule. Rule made returnable forthwith. The learned Public Prosecutor waives service for the respondents. Heard finally by consent of the parties.
(2.) By this petition, the petitioner is challenging the order dated 20/02/2017 passed by the Inspector General of Prisons, Panaji, Goa to the extent of imposition of the condition of execution of a Personal Bond in Form II for Rs. 1,00,000/- and produce one surety in the like amount giving cash or otherwise, for releasing the petitioner on furlough for a period of 14 days.
(3.) Shri T. George John, learned Advocate for the petitioner contended that the petitioner was convicted for the offence punishable under Section 377 I.P.C. He had applied for furlough by an application dated 14/10/2016 which was granted for a period of 14 days by an order dated 05/01/2017 requiring him to execute a personal bond in the prescribed Form II for Rs. 1,00,000/- and one surety in the like amount giving cash or otherwise. He had not availed parole nor furlough on a single occasion and was in continuous confinement to prison for the last three years. His behaviour was good and his conduct was exemplary and there were no adverse complaints against him. He was therefore entitled to the benefit of furlough and as the respondents had imposed harsh conditions for his release on furlough which stood defeated on account of his incapacity to abide by the said conditions.;
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