Rohan Sharma S/O Shri Durga Sharma vs The State Of Rajasthan
2021 Latest Caselaw 2341 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Writ Petition No. 508/2021

Rohan Sharma S/o Shri Durga Sharma, Aged About 24 Years,
R/o Bhal Khop, Nagda Gavisa, Police Station Manthali, District
Ramechhap (Nepal). At Present R/o D-1A/117A, Mahavir Enclave
Gali No. 5, Dwarka New Delhi (At Present In Central Jail Alwar)
Through His Cousin Brother Namely Deepak Chhetry S/o Shri
Rajesh Chhetry, Aged About 27 Years, R/o D-1A/117A, Mahavir
Enclave Gali No. 5, Dwarka New Delhi
                                                                    ----Petitioner
                                    Versus
1.      The State Of Rajasthan, Through The Secretary Home,
        Secretariat, Jaipur.
2.      Prisoners Open Air Camp Advisory Committee, Through
        Its Director, Jaipur.
3.      Director    General        Of      Prisons,        Directorate    Prisons
        Rajasthan, Ghatgate Jaipur
4.      Superintendent Central Jail, Alwar.
                                                                 ----Respondents

For Petitioner(s) : Mr. Vishram Prajapati, 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 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 only on the ground that he has not availed regular parole and he has been convicted under Section 376 IPC and Section 5(m)/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.

(2 of 2) [CRLW-508/2021]

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

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