Jaspal Singh S/O Raghuvir Singh vs State Of Rajasthan
2021 Latest Caselaw 2340 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Writ Petition No. 782/2021

Jaspal Singh S/o Raghuvir Singh, Aged About 30 Years, R/o
Nagali Negha Ps Barodamev Dist. Alwar At Present Confined In
Central Jail Alwar Through His Father Raghuvir Singh S/o
Mahendra Singh Aged 54 Year R/o Nagali Megha Ps Baordamev
Dist. Alwar Raj.
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Inspector General Prision
        Jaipur
2.      The Superintendent, Central Jail Alwar
                                                                ----Respondents

For Petitioner(s) : Mr. L.S. Tomar, through VC For Respondent(s) : Mr. Atul Sharma, AGC

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA ( V.J.)

Order

03/06/2021

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

Constitution of India challenging the order dated 10-3-2021

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 only

on the ground that he has been convicted under Section 376/511,

435 IPC and Section 4/6 POCSO Act. But this ground is 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)

(2 of 2) [CRLW-782/2021]

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/95

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