Disposed

Kamlakant Gopinath Phadte, Presently Serving Sentence at Modern Central Jail, Colvale., v. the Office of Superintendent, Central Jail Colvale and Anr.

Bombay HC25 Feb 2019WPCR/24/2019

Case brief

AI extract

What is this about?

In a criminal writ petition, the Court reduced the petitioner's personal and surety bond amount from Rs.1,00,000 to Rs.25,000 considering Income Tax Returns, distinguishing a prior order on peculiar facts.

What did the court decide?

Bond amount reduced pursuant to order from Rs.1,00,000 to Rs.25,000.

What the court decided

Kamlakant Gopinath Phadte, Presently Serving Sentence at… — Bail and Remand | Bombay HC (2019)

¶1

vinita 1

¶2

IN THE HIGH COURT OF BOMBAY AT GOA.

¶3

CRIMINAL WRIT PETITION NO. 24 of 2019.

¶4

Shri Kamlakant Gopinath Phadte, 47 years of age, Convict Prisoner No.20/2018, Presently serving sentence at Modern Central Colvale Jail, Colvale, Goa.

¶5

…....... Petitioner.

¶6

Versus

¶7

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

¶8

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

¶9

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

¶10

Coram:- M. S. Sonak &

¶11

Prithviraj K. Chavan,JJ. Date:- 25^th February, 2019.

¶12

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

¶13

Heard Mr. T. George John, learned Counsel appearing

¶14

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

¶15

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

¶16

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

¶17

vinita 2

¶18

Mr. S. R. Rivankar, learned Public Prosecutor waives

¶19

notice on behalf for the respondents.

¶20

Mr. Rivankar, learned Public Prosecutor states that personal bond as well as surety bound amount may be reduced from Rs.1,00,000/- (Rupees one lakh only) to Rs.25,000/(Rupees twenty five thousand only).

¶21

Mr. T. George John, however, states that this amount has to be reduced to Rs.10,000/- (Rupees ten thousand only) and for this purpose relied upon the order made by this Court in Criminal Writ Petition No.146 of 2016 dated 24.11.2016.

¶22

According to us, the order dated 24.11.2016 was made in the peculiar facts of the said case and, therefore, cannot be cited as a precedent. In any case, taking into consideration Income Tax Returns produced on record by the petitioner, we are satisfied that reduction amount of the bond to Rs.25000/(Rupees twenty five thousand only) will meet ends of justice. Accordingly, bond amount is reduced to Rs.25,000/- (Rupees twenty five thousand only) and rule is disposed of in the aforesaid

¶23

vinita 3

¶24

terms.

¶25

All concerned to act on the basis of the authenticated

¶26

copy of this order.

¶27

PRITHVIRAJ K. CHAVAN,J.

¶28

M. S. SONAK, J.

Kamlakant Gopinath Phadte, Presently Serving Sentence at Modern Central Jail, Colvale., v. the Office of Superintendent, Central Jail Colvale and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Kamlakant Gopinath Phadte, Presently Serving Sentence at Modern Central Jail, Colvale., v. the Office of Superintendent, Central Jail Colvale and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Diniz Selwyn D'Souza., Vs State of Goa, Thr. Its Chief Secretary and 2 Ors.

Muktar Minerals Pvt. Ltd, Rep. by Its Managing Director, Shaikh Muktar @ Xec Mucta and 3 Ors., Vs Special Director of Enforcement, Enforcement Directorate, Mumbai and Anr.

William Rosario Fernandes and 4 Ors., Vs State of Goa, Thr. Its Chief Secretary and 12 Ors.

Maya Carvalho E Rodrigues., Vs State of Goa, through Its Chief Secretary and 5 Ors.

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

Nandu B. Lamani, Presently Serving Sentence at Central Jail, Colvale., Vs the Inspector General of Prisons, Panaji and Anr.