Allowed

Ryan Fernandes, Presently Serving Sentence at Central Jail, Colvale., v. the Office of Superintendent, Central Jail Colvale and 2 Ors.

Bombay HC25 Feb 2019WPCR/21/2019

Case brief

AI extract

What is this about?

This criminal writ petition challenged an order forfeiting bond amount due to one-day delay in surrender after parole. The court found the delay non-deliberate and relied on precedent, setting aside the impugned order and making the rule absolute.

What did the court decide?

Rule is made absolute; impugned order forfeiting bond amount is set aside; no order as to costs.

Ryan Fernandes, Presently Serving Sentence at Central Jail… — Bail and Remand | Bombay HC (2019)

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IN THE HIGH COURT OF BOMBAY AT GOA.

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CRIMINAL WRIT PETITION NO. 21 of 2019.

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Mr. Ryan Fernandes, Prisoner No.9/2007, aged 39 years, Presently serving sentence at Central Jail, Colvale, Goa.

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…....... Petitioner.

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Versus

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1. The Office of Superintendent Central Jail Colvale, Colvale, Bardez Goa.

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1. The Inspector General of Prisons, Government of Goa, Office of Inspector General of Prisons, 18^th June Road, Old Education Building, Panaji, Goa.

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1. Public Prosecutor, High Court Building, AG's office, High Court, Panaji Goa. …....... Respondents.

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Mr. T. George John, Advocate for the petitioner. Mr. S. R. Rivankar, Public Prosecutor for the respondents.

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Coram:- M. S. Sonak & Prithviraj K. Chavan,JJ. Date:- 25^th February, 2019.

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ORAL JUDGMENT (Per M. S. Sonak, J.)

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Heard Mr. T. George John, learned Counsel appearing

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for the petitioner and Mr. S. R. Rivankar, learned Public Prosecutor appearing for the respondents.

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Rule. With the consent of and at the request of the

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learned Counsel for the parties, Rule is made returnable forthwith.

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Mr. S. R. Rivankar, learned Public Prosecutor waives notice on behalf for the respondents.

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The challenge in this petition is to the order dated 30.1.2019 made by Superintendent of Central Jail Colvale, Bardez Goa, forfeiting the bond amount deposited by the petitioner on the ground that there was one day delay on the part of the petitioner in surrendering after availing parole for 7 days.

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From the material on record, we are satisfied that the delay of one day, was, not at all deliberate. Mr. T. George John has explained that there was genuine error in calculation of days. He has explained that the petitioner in the present case, voluntarily surrendered. He also relied upon the decision of Patna High Court in the case of Anil Sahni & ors Vs. The State of Bihar¹ .

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Since, we are satisfied that the delay of one day in surrendering, was, not at all deliberate, we set aside the impugned order dated 30.1.2019.

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1 Criminal Misc. No.21685 of 2015(2) dated 21.05.2015

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Rule is accordingly made absolute in the aforesaid

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terms. There shall be no order as to costs.

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PRITHVIRAJ K. CHAVAN,J. M. S. SONAK, J.

Ryan Fernandes, Presently Serving Sentence at Central Jail, Colvale., v. the Office of Superintendent, Central Jail Colvale and 2 Ors.

Case brief

What is this about?

What did the court decide?

Ryan Fernandes, Presently Serving Sentence at Central Jail, Colvale., v. the Office of Superintendent, Central Jail Colvale and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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