HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 1506/2021
Balveer @ Balli Son Of Shri Hoti Lal, Residence Of 446, Thodi Ka
Bas, Mandawar , Post Mandawar, Tehsil Mahuwa, District Dausa (
Raj.) ( At Present Confined In Central Jail Sewar, Bharatpur)
Through His Brother Ramkesh Meena S/o Hoti Lal, Aged About
29 Years, Residence Of 446, Thodi Ka Bas, Mandawar , Post
Mandawar, Tehsil Mahuwa, District Dausa ( Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through The Director General
Directorate Prison Rajasthan, Jaipur.
2. The Superintendent Of Central Jail, Sewar Bharatpur.
----Respondents
For Petitioner(s) : Mr. B.R. Choudhary For Respondent(s) : Mr. Shyam Prakash Sharma, PP HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 12/04/2022 Instant writ petition has been filed by the accused petitioner through his brother Ramkesh Meena under Article 226 of the Constitution of India read with Rule 315 (H) of the Rajasthan High Court Rules with the prayers; to quash and set aside the order dated 15.7.2021, to direct the non-petitioners to transfer the petitioner Balveer @ Balli S/o Shri Hoti Lal to the Open Air Camp immediately and to call for the record from the non-petitioners pertaining to the present matter.
Learned counsel for the petitioner submits that vide Judgment dated 11.10.2007 the petitioner was convicted and sentenced by the learned Additional District and Sessions Judge, (Downloaded on 13/04/2022 at 09:24:07 PM) (2 of 3) [CRLW-1506/2021] Jaipur for the Offence(s) under Section 376(2) (g) IPC sentenced with 10 years imprisonment against the said order. Petitioner preferred a D.B. Criminal Appeal No.542/2008 which has been dismissed by this court. Petitioner's case for transferring him to Open Air Camp was rejected by the State Level Advisory Committee as per the Rule 3 of Rajasthan Open Air Camp, 1972.
The Division Bench of this Court in the case of Subhash Chand Vs. State of Rajasthan & Ors., (D.B. Civil Writ Petition No. 12020/2013, decided on 30th August 2014 reiterating its earlier view in Krishna & Anr. Vs. State of Rajasthan & Ors. : 2004 (4) WLC (Raj.) 582 & Geeta DeviVs. State of Rajasthan : 2012 (3) WLC (Raj.) 146, has held in paras 10 and 11 of the said Judgment, ad-infra:-
"10. Since rule 3 of the Rules of 1972 has already been considered and the word 'ordinarily' has already been interpreted as 'not necessarily', therefore, respondents cannot refuse to accept and consider the applications of the petitioners, subject to other conditions. The present matters are fully covered by decisions of this Court in Krishna & Anr. Vs. State of Rajasthan (supra) & Geeta Devi Vs. State of Rajasthan (supra).
11.In view of above discussion, we allow both the writ petitions and direct the respondents to accept and consider the applications of the petitioners for their transfer to open air camp, in accordance with law and in case they are otherwise eligible, as early as possible, but not later than a period of three months from the date of receipt of copy of this order."
In view of above, respondents are directed to transfer the petitioner from Central Jail, Sewar Bharatpur to Open Air Camp Sanganer Jaipur.
The criminal writ petition stands disposed of. (Downloaded on 13/04/2022 at 09:24:07 PM)
(3 of 3) [CRLW-1506/2021] Registrar (Judicial) is directed to send a copy of this order to the Superintendent, Central Jail, Sewar Bharatpur as also to the Superintendent, Open Air Camp, for compliance.
(NARENDRA SINGH DHADDHA),J Brijesh 108.
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