Sukhveer @ Kulli vs State
2021 Latest Caselaw 11859 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 66/2021

Sukhveer @ Kulli S/o Shri Prahlad, Aged About 26 Years, By Caste Baori, R/o Ajit Nagar, Nai Dal Mundi, Police Station Abohar, District Fazilka (Punjab).

----Petitioner Versus

1. State, Through The Secretary, Department Of Home, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director General Jail, Jaipur.

3. The District Collector, Bikaner.

4. The Superintendent, Central Jail, Bikaner.

----Respondents

For Petitioner(s) : Mr. Bhagat Dadhich For Respondent(s) : Mr. Farzand Ali GA-cum-AAG assisted by Mr. Abhishek Purohit

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

29/07/2021

The convict-petitioner has approached this Court by way of

this writ petition for assailing the recommendation dated

21.07.2020 (Annex.1), whereby the prayer of the petitioner for

being sent to the Open Air Camp was turned down on two

grounds:-

(i) that the convict-petitioner has been sentenced to life

imprisonment which shall enure till the natural life of the convict

and that possibility of his escaping from Open Air Camp cannot be

ruled out;

(ii) that he has been convicted for a restricted offence.

Learned counsel Shri Bhagat Dadhich placed reliance on the

judgments dated 22.01.2021 and 11.02.2021 passed by this Court

(2 of 2) [CRLW-66/2021]

in D.B. Criminal Writ Petition No.506/2020 (Narendra Singh

@ Mukesh @ Bhura Vs. State & Ors.) and D.B. Criminal Writ

Petition No. 14/2020 (Vidhya Devi Vs. State & Ors.) and

urged that in similar situation where the convict was sentenced to

life imprisonment for remainder of his natural life, this Court held

that such sentence cannot deprive the convict from such right to

be considered for being sent to the Open Air Camp. He thus urges

that the matter deserves to be remanded back to the Competent

Authority for fresh consideration.

Shri Farzand Ali, learned Additional Advocate General is also

not in a position to dispute the fact that the adverse

recommendation dated 21.07.2020 (Annex.1) runs contrary to

the interpretation as made by this Court in the cases of Narendra

Singh @ Mukesh @ Bhura and Vidhya Devi (Supra).

In this background, the impugned recommendation dated

21.07.2020 (Annex.1) is quashed and set aside qua the petitioner

herein. His case for being sent to the Open Air Camp shall be

objectively reconsidered by the Competent Authority within next

two months. Needless to say that in case, any adverse order is

passed, the petitioner shall be at liberty to challenge the same as

per law.

The writ petition is disposed of with the above directions.

(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J

13-Mamta/Devesh-

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