Case Note & Summary
The petitioner, Cyrone Fernandes, was an accused in a criminal case and was in judicial custody. He filed a petition seeking modification of an order dated 16.12.2016 passed by the learned Children's Court, which permitted him to attend his brother's wedding for only half an hour (from 4:30 p.m. to 5:00 p.m.) on 5.1.2017 at a church in Ribandar. The petitioner argued that the nuptials were fixed at 4:00 p.m. and a reception was scheduled at 7:30 p.m., and half an hour was inadequate. He requested permission to attend the wedding at 4:00 p.m. and then visit his residence for religious ceremonies until 7:00 p.m. The respondent, State of Goa, through the Additional Public Prosecutor, initially opposed but later left the matter to the court's discretion. The court, after hearing both sides, allowed the modification, permitting the petitioner to attend the wedding at 4:00 p.m. and remain at his residence for religious ceremonies until 7:00 p.m., with sufficient police escort. The court directed the jail authorities to hand over custody to the escorting police and for the petitioner to be returned to jail after the event. The petition was disposed of accordingly.
Headnote
A) Criminal Procedure - Bail Conditions - Modification - The petitioner, an accused in a criminal case, sought modification of the order granting him only half an hour to attend his brother's wedding. The court considered the nature of the family event and the need for adequate time to participate in the nuptials and reception. Held that the time should be extended to allow attendance at the wedding at 4:00 p.m. and at the residence for religious ceremonies until 7:00 p.m., subject to escort conditions. (Paras 5-8)
Issue of Consideration
Whether the time granted to the petitioner to attend his brother's wedding should be extended from half an hour to a longer duration.
Final Decision
The petition is allowed. The order dated 16.12.2016 is modified to permit the petitioner to attend the wedding at 4:00 p.m. and thereafter to visit his residence for religious ceremonies up to 7:00 p.m. on 5.1.2017, with sufficient police escort. The jail authorities shall hand over custody to the escorting police and the petitioner shall be returned to jail after the event.
Law Points
- Bail conditions
- modification of bail
- right to attend family functions
- judicial discretion
