IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 72 OF 2009 SHRI BABI JANU FALE PRESENT SENTENCED AT CENTRAL JAIL AGUADA, THROUGH HIS BROTHER ... Petitioner Versus STATE OF GOA AND 2 ORS. ... Respondent Mrs. Asha Dessai, Advocate for the petitioner. Mr.C. A. Fereira, Public Prosecutor for the respondents. Coram:- U. D. SALVI, J. Date:- 9th November, 2009 P.C. The petitioner who has been convicted under section 302 of Indian Penal Code and sentenced to undergo life imprisonment and pay fine of Rs.5000/- and in default to suffer simple imprisonment, is now seeking reduction in the surety bond from Rs.1,00,000/- to Rs.10,000/- prescribed for his release on parole following order dated 28.7.2009 bearing no.order no.9/9/97-HD(G)-Babi Janu Fale. 2. It has been pointed out that previously the petitioner was released on parole after executing a bond of Rs.10,000/- for a period of 60days vide order dated 2.5.2007 and did not misuse the liberties granted to him by virtue of such parole and, therefore, it is unlikely that the reduction in the surety amount would prompt him to misuse the liberties granted to him vide order dated 28.7.2009. 3. Learned Public Prosecutor Mr.C. A. Fereira for the State submitted that impugned order has been passed following a policy decision taken by the State in a meeting held on 26.3.2008 of the State Officials to consider the growing incident of jumping the parole. However it is not disputed that the petitioner has already undergone 5 years sentence and he is native of Goa. It is not in dispute that the petitioner had ever misused his liberties previously granted to him. 4. Considering these facts and circumstances, there is no reason to deny to the petitioner the reduction in the surety bond. Consequently the petition deserves to succeed. 5. Order dated 28.7.2009 is modified so far as amount of surety bond is concerned. Petitioner is directed to be released on parole upon execution of personal bond of Rs.10,000/- with one cash surety in the like amount to the satisfaction of Superintendent of Central Jail Aguada, subject to other conditions stipulated in the said Order. Petition is allowed in view of above terms. 6. Bond to be executed before the Superintendent of Central Jail Aguada. 7. Authenticated copy of this Order be furnished to the parties. U. D. SALVI, J. vn