IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 46 OF 2007 CAROLINA REBELLO E D'SILVA W/O. DR JOAQUIM ANTONIO D'SILVA PRESENTLY SERVING SENTENCE AT JAIL AGUADA ... Petitioner Versus STATE OF GOA THROUGH CHIEF SECRETARY AND 2 ORS., ... Respondents Ms. Asha Dessai, Advocate for the petitioner. Mr. C. A. Ferreira, Public Prosecutor for the State. Coram:- D. B. BHOSALE, J. Date:- 11th January, 2008 P.C. Heard Ms. Dessai, learned Counsel for the petitioner and Mr. Ferreira, learned Public Prosecutor for the State. 2. In this writ petition, the petitioner has made two prayers. Firstly, she seeks quashing of the Order dated 21.11.07, passed by the Inspector General of Prisons, Panaji-Goa, by which he has decided the show cause notice dated 24.10.2007 issued to Dr. Joaquim Antonio D'Silva, the husband of the petitioner and forfeited the surety amount of Rs.10,000/-, deposited by Dr. Joaquim Antonio D'Silva for his release on parole. Secondly, the petitioner has prayed for direction to the respondents to release her husband forthwith, since according to her, he has undergone the entire sentence awarded in Sessions Case No.28/91/A. 3. In so far as the second prayer is concerned, learned Counsel for the petitioner fairly submitted that in view of the affidavit filed by the State dated 11.1.08 explaining as to how the husband of the petitioner still has to undergo the sentence awarded in the aforesaid case and that he would be entitled to be released only on 14.10.08, subject to remission earned prospectively, if any, as per the Rules in force, she has instructions not to press the said prayer. 4. As regards the forfeiture of the surety amount of Rs.10,000/-, the learned Counsel for the petitioner vehemently submitted that the order of forfeiture is wrong and illegal on the ground that the husband of the petitioner was admitted in the hospital and he had informed about his admission to the concerned Authority. She further submitted that he was admitted in the hospital on 21.7.05 and was in the hospital for a period of more than 3 months, continuously, where he was taking treatment for chest pain, diabetes and hypertension. In support of her contention, she has placed on record two certificates dated 21.7.05 and 14.10.05. She submitted that it was open for the concerned authorities to arrest him in the hospital where he was admitted in view of his illness. She further submitted that, in any case, the husband of the petitioner cannot be stated to have jumped the parole since he was in hospital. 5. I perused both the certificates. By no stretch of imagination, upon perusal of these certificates, one could say that the husband of the petitioner was in the hospital for a continuous period of 3 months and, therefore, it was not possible for him to surrender either on expiry of the period of parole or during his stay in the hospital. The concerned authority has rightly observed that no certificate of his discharge is placed on record. Despite the opportunity, the learned Counsel for the petitioner could not place a single document on record in support of her contention that the husband of the petitioner was in the hospital for a continuous period of 3 months, as submitted by her across the Bar. 6. In the circumstances, the order dated 1.11.2007, impugned in the present petition cannot be faulted. The writ petition is dismissed. D. B. BHOSALE, J. ssm.