Rajasthan High Court
Ashok Kumar S/O Shri Moolchand vs State Of Rajasthan on 6 April, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 53/2022
Ashok Kumar S/o Shri Moolchand, Aged About 35 Years, R/o
Mundota Ps Kalwar Distt. Jaipur Raj. At Present Confined In
Central Jail Jaipur Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Home
Secretariat Jaipur Raj.
2. The Director General Of Prisons Directorate Prisons,
Ghatgate Jaipur Raj.
3. Superintendent, Central Jail Jaipur Raj.
----Respondents
For Petitioner(s) : Mr. Govind Prasad Rawat
Mr. Tekchand Swami
For Respondent(s) : Mr. Prashant Sharma, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
06/04/2022
Instant writ petition has been filed by the accused petitioner
under Article 226 of the Constitution of India read with Rule 315
(H) of the Rajasthan High Court Rules with the prayers; to quash
and set aside the order dated 18.8.2021, to direct the non-
petitioners to transfer the petitioner-Ashok Kumar S/o Shri
Moolchand to the Open Air Camp immediately and to call for the
record from the non-petitioners pertaining to the present matter.
Learned counsel for the petitioner submits that vide
Judgment dated 15.7.2016 the petitioner was convicted and
sentenced by the learned Additional District and Sessions Judge
(Women Atrocities and Dowry Cases ) No.2, Jaipur Metrocity for
(2 of 3) [CRLW-53/2022]
the Offence(s) under Section 302 and 376 IPC to life
imprisonment against the said order. Petitioner preferred a D.B.
Criminal Appeal No.832/2016 which is pending before this court.
Petitioner has served more than 8 years 11 months and 18 days
with remission and jail conduct of the petitioner in jail is good.
Petitioner's case for transferring him to Open Air Camp was
rejected by the State Level Advisory Committee as per the Rule 3
of Rajasthan Open Air Camp, 1972.
The Division Bench of this Court in the case of Subhash
Chand Vs. State of Rajasthan & Ors., (D.B. Civil Writ
Petition No. 12020/2013, decided on 30th August 2014
reiterating its earlier view in Krishna & Anr. Vs. State of
Rajasthan & Ors. : 2004 (4) WLC (Raj.) 582 & Geeta
DeviVs. State of Rajasthan : 2012 (3) WLC (Raj.) 146, has
held in paras 10 and 11 of the said Judgment, ad-infra:-
"10. Since rule 3 of the Rules of 1972 has
already been considered and the word
'ordinarily' has already been interpreted as
'not necessarily', therefore, respondents
cannot refuse to accept and consider the
applications of the petitioners, subject to
other conditions. The present matters are
fully covered by decisions of this Court in
Krishna & Anr. Vs. State of Rajasthan (supra)
& Geeta Devi Vs. State of Rajasthan (supra).
11.In view of above discussion, we allow
both the writ petitions and direct the
respondents to accept and consider the
applications of the petitioners for their
transfer to open air camp, in accordance with
law and in case they are otherwise eligible,
as early as possible, but not later than a
period of three months from the date of
receipt of copy of this order."
In view of above, respondents are directed to transfer the
petitioner from Central Jail, Jaipur to Open Air Camp Sanganer.
(3 of 3) [CRLW-53/2022]
The criminal writ petition stands disposed of.
Registrar (Judicial) is directed to send a copy of this order to
the Superintendent, Central Jail, Jaipur as also to the
Superintendent, Open Air Camp, for compliance.
(NARENDRA SINGH DHADDHA),J
Brijesh 146.
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