Devalata vs State
2021 Latest Caselaw 9545 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 102/2021 Devalata W/o Late Shri Shakti Singh, Aged About 44 Years, Rajput, R/o Village P.s. Parsoli, District Chittorgarh. (At Present Lodged In Central Jail, Udaipur).

----Petitioner Versus

1. State, Home Depart. Jaipur.

2. The Director General (Jail), Jaipur.

3. The District Collector, Chittorgarh.

4. The Superintendent, Central Jail, Udaipur.

----Respondents

For Petitioner(s) : Mr. Kalu Ram Bhati (through VC) For Respondent(s) : Mr. Farzand Ali, G.A.-cum-A.A.G.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment

25/05/2021

The instant parole writ petition has been filed by the convict-

petitioner Smt. Devlata for assailing the adverse recommendations

dated 13.11.2020 whereby, the petitioner's prayer to be

transferred to Open Air Camp in accordance with the Rajasthan

Prisoners Open Air Camp Rules,1972 has been turned down.

We have heard and considered the submissions advanced by

the petitioner's counsel and learned Addl. Advocate General and

have gone through the adverse recommendations dated

13.11.2020.

The only reason which has been assigned for denying the

prayer of the petitioner is that she has never availed parole and

thus, she cannot be sent to the Open Air Camp.

(2 of 3) [CRLW-102/2021]

We find that this reason for rejecting the prayer of the

petitioner is absolutely perfunctory and unsustainable. The

petitioner has not been able to avail parole facility because there

is nobody in her family with whom she can reside, in case, she is

so released. Thus, the reason for the petitioner not having availed

the parole facility is not because of her doing/misconduct but

because of the social/logistic problem which has befallen the

petitioner after her conviction. This Court had occasion to consider

an identical controversy in the case of Suraj Giri v. State of

Rajasthan & Ors. reported in 2010 (4) RLW 3507 (Raj.)

wherein it was held that the cases of the prisoners who have

served requisite period of sentence and are eligible for

consideration for release on permanent parole under the Rules

may be considered irrespective of the fact whether they have

availed the benefit of first, second and third parole. Release on

permanent parole would provide significant liberty to a convict

whereas, transfer to Open Air Camp simply changes the mode of

suffering the imprisonment. That apart, on a perusal of the

provisions of the Rajasthan Prisoners Open Air Camp, 1972, it is

apparent that there is no such restriction that a convict must

satisfactorily avail regular parole before his/her case can be

considered for being sent to the Open Air Camp. Thus, we have no

hesitation in holding that the petitioner definitely deserves to be

transferred to the Open Air Camp because she has otherwise been

found eligible.

In this background and having regard to the overall facts and

circumstances of the case, the adverse recommendations dated

13.11.2020 are hereby quashed and struck down qua the convict-

petitioner. The petitioner Devlata W/o Late Shri Shakti Singh shall

(3 of 3) [CRLW-102/2021]

be forthwith transferred to the appropriate Open Air Camp as per

her entitlement.

The writ petition is allowed accordingly.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

10-Sudhir Asopa/-

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