Case Note & Summary
The petitioner, Raju Bihari @ Rajesh Kumar, was a life convict serving sentence at Central Jail Aguada, Goa, for an offence under Section 302 of the Indian Penal Code. By order dated 24th December 2010, respondent no.2 (Inspector General of Prisons) granted furlough to the petitioner on condition that he execute a personal bond of Rs. 1 lakh with one surety in the like amount, and also furnish local surety. The petitioner challenged the condition of the bond amount as excessive in Criminal Writ Petition No.14/2011, which was allowed on 30th March 2011, reducing the bond amount to Rs. 10,000/-. Thereafter, on 2nd May 2011, the petitioner's father filed an application seeking modification of the order to dispense with the condition of local surety, as the family resided in Uttar Pradesh and could not arrange a local surety in Goa. Respondent no.2 rejected this application on 5th May 2011. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India challenging the rejection. The court heard both sides and held that the condition of local surety was unreasonable given the petitioner's family background, and directed the respondents to release the petitioner on furlough upon executing a personal bond of Rs. 10,000/- with one surety from Uttar Pradesh. The petition was allowed, and rule was made absolute.
Headnote
A) Prisons and Prisoners - Furlough - Bond Amount - Condition of Local Surety - The court considered whether the condition of furnishing a local surety for furlough is reasonable when the prisoner's family resides outside the state. The court held that the condition of local surety was unreasonable and set it aside, reducing the bond amount to Rs. 10,000/-. (Paras 3-5)
B) Prisons and Prisoners - Furlough - Reasonableness of Conditions - The court examined the reasonableness of the condition requiring a local surety for a prisoner whose family resides in Uttar Pradesh. The court held that such a condition was not reasonable and directed the respondents to release the petitioner on furlough upon executing a personal bond of Rs. 10,000/- with one surety from Uttar Pradesh. (Paras 4-5)
Issue of Consideration
Whether the condition of furnishing a local surety for furlough is reasonable when the prisoner's family resides outside the state, and whether the bond amount of Rs. 1 lakh was excessive.
Final Decision
The petition is allowed. The order dated 5th May 2011 passed by respondent no.2 is quashed and set aside. The respondents are directed to release the petitioner on furlough upon his executing a personal bond of Rs. 10,000/- with one surety from Uttar Pradesh. Rule is made absolute.
Law Points
- Furlough
- Bond Amount
- Local Surety
- Reasonableness
- Prisoner's Rights
- Articles 226 and 227 of the Constitution of India
Case Details
2011 LawText (BOM) (06) 91
Criminal Writ Petition No.33 of 2011
Mrs. Asha Dessai for petitioner, Mr. C. A. Ferreira, Public Prosecutor for respondents
Shri Raju Bihari @ Rajesh Kumar
State of Goa, The Inspector General of Prisons, The Superintendent of Prisons
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Nature of Litigation
Criminal Writ Petition challenging rejection of application for modification of furlough conditions.
Remedy Sought
Petitioner sought setting aside of order dated 5th May 2011 rejecting his father's application for modification of furlough conditions, specifically the condition of local surety.
Filing Reason
The petitioner's father could not arrange a local surety in Goa as the family resides in Uttar Pradesh, and the condition was unreasonable.
Previous Decisions
By order dated 24th December 2010, respondent no.2 granted furlough on condition of personal bond of Rs. 1 lakh with one surety and local surety. In Criminal Writ Petition No.14/2011, the bond amount was reduced to Rs. 10,000/- on 30th March 2011. The application for modification of local surety condition was rejected on 5th May 2011.
Issues
Whether the condition of furnishing a local surety for furlough is reasonable when the prisoner's family resides outside the state.
Whether the rejection of the application for modification of furlough conditions was justified.
Submissions/Arguments
Petitioner argued that the condition of local surety was unreasonable as his family resides in Uttar Pradesh and cannot arrange a local surety in Goa.
Respondents opposed the petition, but the court found the condition unreasonable.
Ratio Decidendi
The condition of local surety for furlough is unreasonable when the prisoner's family resides outside the state, as it effectively denies the benefit of furlough. The court must ensure that conditions imposed are reasonable and not oppressive.
Judgment Excerpts
By this Writ Petition under Articles 226 and 227 of the Constitution of India, the petitioner challenges the order dated 5th May, 2011 passed by respondent no.2 by which the application filed by Shri Vibhuti Patil, the father of the petitioner herein for modification of the order dated 24th December, 2010 has been rejected.
The condition of local surety is unreasonable and the same is set aside.
Procedural History
The petitioner was granted furlough on 24th December 2010 with conditions including a bond of Rs. 1 lakh and local surety. He challenged the bond amount in Criminal Writ Petition No.14/2011, which was allowed on 30th March 2011 reducing the bond to Rs. 10,000/-. On 2nd May 2011, his father applied for modification of the local surety condition, which was rejected on 5th May 2011. The present writ petition was filed on an unspecified date and allowed on 14th June 2011.
Acts & Sections
- Constitution of India: Articles 226, 227
- Indian Penal Code: Section 302
