Amit @ Chotu Son Of Tara Chand vs State Of Rajasthan
2021 Latest Caselaw 4086 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Criminal Writ Petition No. 605/2021

Amit @ Chotu Son of Tara Chand, Aged About 34 Years, Resident
of Village Bandra Tehsil Tijara Police Station Tijara District Alwar
at Present Confined in Special Central Jail Salawas Dausa.
through his Wife Pooja Wife of Amit Aged 30 Years Resident Of
Village Bandra Tehsil Tizara Police Station Tijara District Alwar
(Raj.).
                                                                    ----Petitioner
                                    Versus
1.        State of Rajasthan, through Inspector General, Prison,
          Jaipur.
2.        The Superintendent Central Jail, Salawas Dausa.
                                                                 ----Respondents

For Petitioner(s)         :     Mr. L.S. Tomar
For Respondent(s)         :     Mr. Riyasat Ali, AGC



       HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

                                     Order

26/08/2021

1. This Petition has been filed under Article 226 of the

Constitution of India challenging the order dated 15-2-2021

whereby the application of the petitioner for transfer to the Open

Air Camp 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 on

the ground that he has been convicted under Section 376(2)(f)

IPC, his case for his transfer to open air camp has not been

recommended by the Superintendent of Jail and that he has not

availed parole. But these grounds are not tenable in the eye of

legal position propounded in DB Criminal Writ No.101/2019,

(2 of 2) [CRLW-605/2021]

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.

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

Arn/477

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