Case Note & Summary
The petitioner, Bostiao @ Seby Rodrigues, a convict serving life imprisonment under Section 302 IPC, challenged a part of the order dated 26th October 2012 passed by the Inspector General of Prisons, Goa, which granted him furlough for 28 days but required him to furnish a bond of Rs.1,00,000/- with one surety in the like amount. The petitioner argued that this bond amount was excessive and unreasonable. The High Court of Bombay at Goa noted that several similar petitions had been filed by convicts challenging the same bond condition, and in almost all matters the bond amount had been reduced. The State Government, through the Additional Public Prosecutor, placed on record minutes of a meeting held on 26th March 2008 where a decision was taken fixing the minimum bond amount at Rs.1,00,000/-. The Court examined the Goa Prisons Rules, 2006, which govern the grant of furlough (Rules 309-323) and parole (Rules 324-333), and found that none of these Rules prescribe any bond amount. The Court observed that furlough is granted to enable a convict to maintain family ties and avoid the ill effects of continuous imprisonment, while parole is for emergent situations like death or serious illness of family members. The Court held that the bond amount must be reasonable and not arbitrary, and that the Inspector General of Prisons cannot fix a minimum bond amount without rule-making authority. Considering the petitioner's circumstances, the Court reduced the bond amount to Rs.10,000/- with one surety in the like amount, and directed that the petitioner be released on furlough upon furnishing such bond. The petition was disposed of accordingly.
Headnote
A) Prisons Law - Furlough - Bond Amount - Goa Prisons Rules, 2006 - Rule 309 - The Inspector General of Prisons fixed a minimum bond amount of Rs.1,00,000/- for grant of furlough/parole, but the Rules do not prescribe any bond amount. The Court held that the bond amount must be reasonable and not arbitrary, and directed reduction to Rs.10,000/- with one surety in the like amount, considering the convict's circumstances. (Paras 3-8) B) Prisons Law - Parole - Bond Amount - Goa Prisons Rules, 2006 - Rules 324-333 - Similar to furlough, the Rules for parole do not specify any bond amount. The Court's reasoning applies equally to parole, emphasizing that the bond should not be a hindrance to the purpose of parole. (Paras 6-8)
Issue of Consideration
Whether the condition requiring a convict to furnish a bond of Rs.1,00,000/- with one surety for grant of furlough is legal and reasonable under the Goa Prisons Rules, 2006.
Final Decision
The Court allowed the petition in part, reducing the bond amount from Rs.1,00,000/- to Rs.10,000/- with one surety in the like amount. The petitioner was directed to be released on furlough upon furnishing the bond.
Law Points
- Furlough bond amount must be reasonable and not fixed arbitrarily
- Goa Prisons Rules 2006 do not prescribe any bond amount
- Inspector General of Prisons cannot fix minimum bond amount without rule-making authority
- Bond amount should be determined based on individual circumstances of the convict
