Mahendra Kumar S/O Shri Rameshwar ... vs State Of Rajasthan
2021 Latest Caselaw 3639 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Criminal Writ Petition No. 1315/2021

Mahendra Kumar S/o Shri Rameshwar Jat, R/o Dhayalo Ki Dhani
Parsrampura Ps Ringas Dist. Sikar Raj. (At Present Confined In
Central Jail Bikaner) Through His Wife Smt. Raju Jat W/o
Mahender Kumar Aged About 26 Years R/o Dhayalo Ki Dhani
Parsrampura Ps Ringas Dist. Sikar Raj.
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through The Secretary Department
        Of Home Govt. Secretariat Jaipur
2.      Director General Of Prisons, Directorate Prison Raj. Jaipur
3.      The Superintendent Of Central Jail, Bikaner
                                                                ----Respondents

For Petitioner(s)        :     Mr. B.R. Choudhary
For Respondent(s)        :     Mr. C.G. Chopra, AGC



       HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

                                    Order

12/08/2021

1. This Petition has been filed under Article 226 of the Constitution of India challenging the order dated 21-5-2021 whereby the application of the petitioner for transfer from Central Jail Bikaner to the Open Air Camp Sanganer, Jaipur has been dismissed.

2. Learned counsel for the petitioner submits that the request of the petitioner for shifting to open air camp has been declined only on the ground that he has been convicted under Sections 323, 341, 366, 382, 376(D) IPC and Section 5/6 POCSO Act. But these grounds are not tenable in the eye of legal position propounded in DB Criminal Writ No.101/2019, Parvezshah Vs. State of Rajasthan, Gaju Ram Vs. State of Rajasthan (DB Misc. Parole Writ Petition No.1174/2008) and Mohan Lal Vs. State of Rajasthan [2002(1) Cr.L.R. (Raj.) 460]. The petition deserves to be allowed.

(2 of 2) [CRLW-1315/2021]

3. Learned counsel for respondents has opposed the petition.

4. It has been categorically held in above cited judgments that the application for shifting the prisoner to Open Air Camp should not be rejected summarily or mechanically and each application should be considered on its own merits in light of the relevant considerations noted in the above cited judgments.

5. On Perusal of the reply and the impugned order declining the request of the petitioner for his shifting to Open Air Camp, this court finds that the legal position expounded in the above cited judgments has not been considered while dealing with the application of the petitioner for his transfer to Open Air Camp.

6. Therefore without expressing any opinion on merits, the present petition is disposed of with the directions to respondents to reconsider the application of the petitioner in light of legal position expounded in above cited judgments and accordingly dispose of the same with a reasoned order within a period of two months positively.

7. A copy of the order under the seal singnature of the Court Master be provided to learned counsel for respondents for compliance.

(SATISH KUMAR SHARMA),J

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