Chenaram vs State
2021 Latest Caselaw 18044 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 567/2021

Chenaram S/o Shri Gebaram, Aged About 30 Years, At Present Lodged In Central Jail, Jodhpur Through His Father Shri Gebaram S/o Shri Manaram, Age About 56 Years, R/o Village Kankhai, P.s. Siwana, District Barmer.

----Petitioner Versus

1. State, Home Depart. Jaipur.

2. The Director General, (Jail), Jaipur.

3. The District Collector, Barmer.

4. The Superintendent, Central Jail, Jodhpur.

                                                                    ----Respondents


For Petitioner(s)           :     Mr. Kalu Ram Bhati
For Respondent(s)           :     Mr. Mukesh Trivedi, PP



          HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                       Order

01/12/2021

        Heard learned counsel or the parties.

The present writ petition has been filed by the convict

Chenaram for transferring him to the Open Air Camp, Barmer.

The convict Chenaram who is presently undergoing sentence

at Central Jail, Jodhpur was convicted for the offence under

Sections 376(D), 306 of IPC vide judgment dated 09/06/2016

passed by the learned District and Sessions Judge, Balotra in

Sessions Case No.55/2013(142/2014) and sentenced for rigorous

imprisonment of twenty years.

Learned counsel for the petitioner submits that the State

Level Open Air Camp Committee in its meeting held on

(2 of 3) [CRLW-567/2021]

15/07/2021 has wrongly rejected the case of the petitioner. He

submits that the only ground on which the case of the petitioner

was rejected is that as per Clause (d) of Rule 3 of the Rajasthan

Prisoners Open Air Camp Rules, 1972 ("the Rules of 1972"), the

conviction suffered by the petitioner is for the offence under

Section 376 IPC and the said section figures in the sub clause (d)

of Rule 3 of the Rules of 1972 which makes him ineligible for being

sent to the Open Air Camp. Learned counsel submits that the word

used in Rule 3 is "ordinarily" and that significance the fact that in

normal ordinary circumstances, a person will incur ineligibility for

being sent to the Open Air Camp in the mentioned sub clauses

from (a) to (m) but the same cannot be taken that in all the

circumstances, the persons who figure in (a) to (m) category of

Rule 3 of the Rules of 1972 will be ineligible. Learned counsel

submits that the word "ordinarily" has been interpreted by this

Court in the case of Gaju Ram vs. State of Rajasthan & Ors.

(D.B. Misc. Parole Writ Petition No.1174/08) & Mohan Lal

vs. State of Rajasthan [2002 (1) Cr.L.R. (Raj.) 460]. Both

the judgments were considered by the Division Bench of this Court

in the case of Pravezshah vs. State of Rajasthan (D.B.

Criminal Writ No.101/2019) decided on 13/03/2019. He

submits that the matter may be remanded back to the State Level

Open Air Camp Committee for reconsidering the case of the

petitioner herein in the light of the judgment delivered by Division

Bench of this Court in the case of Parvezshah vs. State of

Rajasthan & Ors. (supra).

A reply to the writ petition has been filed by the State.

Learned public prosecutor submits that since the petitioner

is ineligible as per Rule 3(d) of the Rules of 1972, the Committee

(3 of 3) [CRLW-567/2021]

has rightly rejected his case for transferring him to the Open Air

Camp.

I have considered the submissions made at the Bar and I

have gone through the consideration made by the State Level

Open Air Camp Committee of the petitioner on 15/07/2021.

The Committee has only taken into consideration the fact

that since the petitioner has been convicted for the offence under

Sections 376 IPC, which makes him ineligible as per Rule 3(d) of

the Rules of 1972, therefore, the petitioner cannot be transferred

to the Open Air Camp. The judgment of Division Bench of this

Court delivered in Parvezshah vs. State of Rajasthan & Ors. (D.B.

Criminal Writ No.101/2019) on 13/03/2019 has considered the

applicability of Rule 3(d) of the Rules of 1972 specially with

reference to the word "ordinarily" and has remanded the matter

back to the State Level Open Air Camp Committee for considering

the same in the light of judgments delivered by this Court in the

cases of Gaju Ram & Mohan Lal's case (supra).

In view of the discussions made above, the writ petition

preferred by the petitioner is allowed. The State Level Open Air

Camp Committee is directed to re-consider the case of convict

Chenaram seeking transfer to the Open Air Camp on merits

keeping in view the law laid down by this Court in the case of

Parvezshah, Gaju Ram & Mohan Lal's case (supra) within a period

of six weeks from the date of receipt of certified copy of this order.

(VINIT KUMAR MATHUR),J

174-SanjayS/-

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