Bombay High Court Goa hears application requesting reduction in bail bond amount
Title: Sudhakar Gopal v. Officer in Charge
Decided on: August 21, 2023
Citation: 2023 SCC OnLine Bom 1715
CORAM: HON’BLE JUSTICE PRAKASH D. NAIK
Facts of the Case
The applicant is in custody since 11.11.2019 for offences under Section 370 of Penal Code, 1860 and Sections 4, 5 and 7 of Immoral Trafficking Prevention Act. The bail was granted on furnishing personal bond and local surety for an amount of Rs. 50,000/- having immovable property with identity proof. It was submitted that the applicant is a permanent resident of Kerala and is not in a position to arrange surety in the sum of Rs. 50,000/-. He is in custody since 11.11.2019. Although he has been directed to be released on bail, for not complying with the condition of surety in the sum of Rs. 50,000/- the applicant has continued to remain in custody. The applicant is also restrained from leaving State of Goa.
Court Analysis and Judgement:
The Court sides with the applicant who is requesting that the surety amount be reduced to Rs. 10,000/-. The Court also stated that liberty be granted to applicant to prefer application seeking permission to visit Kerala before trial Court. Considering the fact that the applicant is in custody from 11.11.2019 and despite bail being granted to him vide order dated 21.12.2019, the Court held that the order of granting bail can be modified. The final order read that the applicant is directed to be released on bail on furnishing PR bond in the sum of Rs. 10,000/-.
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Written by- Reema Nayak