1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 36 OF 2009 Suresh Channapa, Prisoner No. 570, presently lodged in Central Jail Aguada, Aguada, Goa. Through his sister, Sushma Chinnappa, r/o Porvorim. ... Petitioner. V e r s u s 1. State Through Chief Secretary, Secretariat, Alto Porvorim, Goa. 2. Inspector General of Prison Collectorate Building (North), Panaji Goa. 3. Superintendent of Prisons Central Jail Aguada, Aguada, Goa. ... Respondents. Ms. Asha Dessai, Advocate for the petitioner. Mr. C. A. Ferreira, Public Prosecutor for the respondents. Coram :- N. A. BRITTO, J. Date :- 17 th June, 2009. 2 ORAL ORDER : Heard Ms. Asha Dessai on behalf of the petitioner and Shri C. A. Ferreira, learned Public Prosecutor on behalf of the respondents. I have perused the affidavit filed on behalf of the respondents. 2. The petitioner has been ordered to be released on parole by order dated 15.12.2008 and has been called upon to execute a bond of Rs. 1,00,000/- or provide cash security in the like amount. Although order was passed on 15.12.2008, the petitioner has not been able to obtain any benefit of the said order as according to the petitioner the bond fixed by the Inspector General of Prison is excessive. The petitioner has been undergoing sentence under Section 302 read with Section 34 of IPC and this is a first time the petitioner was directed to release on parole. It appears that the amount of the bond has been fixed considering the policy decision taken on 26.3.2008 pursuant to the directions of this Court on 19.3.2008 in Criminal Writ Petition No. 5/2008. The grievance of the petitioner appears to be genuine or else for almost six months 3 he would not have remained without taking the benefit of the order. The amount of the bond cannot be excessive so as to deprive a prisoner of the benefits which a prisoner is entitled in law. Otherwise, that would be one of the ways to deprive a prisoner to be released on parole. Considering the facts and circumstances of the case, I am of the view that there is scope for reduction of the bond. In my opinion the amount of bond fixed appears to be excessive. Therefore, I am inclined to reduce the same to Rs.25,000/- since it is the first time that the prisoner is being released. Consequently, the petition deserves to succeed and the order dated 15.12.2008 is hereby modified, in that the petitioner shall now be released upon the execution of a bond of Rs. 25,000/- or lieu thereof giving cash security to the satisfaction of the Inspector General of Prisons, all other conditions of the order dated 15.12.2008 remaining unchanged. Petition is allowed on the above terms. N. A. BRITTO, J. at*