JUDGMENT

Manish Pitale, J. - By this petition, the petitioner is seeking relaxation of condition imposed by this Court while granting bail by order dated 15.3.2021. A miscellaneous Application would have sufficed but the petitioner was advised to file the present writ petition.

2. Be that as it may, the petitioner has highlighted that pursuant to order dated 15.3.2021, he has been making attempts to satisfy condition (b) specified in the aforesaid order granting bail, which reads as follows:

"(b) The applicant, Kishori Lal is directed to be released on bail on his executing P. R. Bond in the sum of Rs.50,000/- with one or two solvent sureties each in the like amount to the satisfaction of the learned Additional Sessions Judge, Mapusa."

3. It is submitted that the petitioner is facing difficulty in satisfying the said condition and that the surety produced by him has been rejected by the concerned Court. It is further stated that since the petitioner is not a local resident of Goa, he is finding it extremely difficult to produce local surety. In this backdrop, it is prayed that the said order may be modified to the effect that instead of producing one or two solvent sureties for the amount of Rs.50,000/-, the condition may be relaxed and petitioner may be allowed to deposit Rs.50,000/- as cash surety.

4. Mr. Bhobe, learned Public Prosecutor has appeared on behalf of Mr. M. Amonkar, learned Addl. Public Prosecutor who has been allotted the matter, but he could not remain present before this Court today. The learned Public Prosecutor submits that in such cases persons granted bail are facing difficulty of the nature highlighted in the present petition and that therefore, appropriate orders may be passed.

5. Perusal of the order dated 15.3.2021 granting bail shows that one of the conditions imposed upon the petitioner is that he shall not leave the State of Goa without permission of the trial Court and that he shall attend the hearings of the case on the dates fixed before the trial court. It is also specified that if the petitioner fails to abide by the conditions imposed in the said order, the prosecution could apply for cancellation of bail.

6. Considering the difficulties brought to the notice of this Court in the present petition, and in the facts and circumstances of the present case, this Court is of the opinion that the limited prayer made in the present petition can be granted. It is particularly so for the reason that this Court granted bail to the petitioner as far back as on 15.3.2021 and he is still languishing in jail due to his inability to comply with condition (b) quoted above.

7. In view of the above, the petition is allowed. Condition (b) quoted above is modified and it is directed that the petitioner shall be released on bail on execution of Personal bond of Rs. 50,000/- and depositing cash surety of the like amount before the Court of Additional Sessions Judge Mapusa. All the other conditions imposed in the said order shall remain the same.

8. Authenticated copy of this order be expedited.