Rajasthan High Court
Balveer @ Balli Son Of Shri Hoti Lal vs State Of Rajasthan on 12 April, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 1506/2021
Balveer @ Balli Son Of Shri Hoti Lal, Residence Of 446, Thodi Ka
Bas, Mandawar , Post Mandawar, Tehsil Mahuwa, District Dausa (
Raj.) ( At Present Confined In Central Jail Sewar, Bharatpur)
Through His Brother Ramkesh Meena S/o Hoti Lal, Aged About
29 Years, Residence Of 446, Thodi Ka Bas, Mandawar , Post
Mandawar, Tehsil Mahuwa, District Dausa ( Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through The Director General
Directorate Prison Rajasthan, Jaipur.
2. The Superintendent Of Central Jail, Sewar Bharatpur.
----Respondents
For Petitioner(s) : Mr. B.R. Choudhary
For Respondent(s) : Mr. Shyam Prakash Sharma, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
12/04/2022
Instant writ petition has been filed by the accused petitioner
through his brother Ramkesh Meena 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 15.7.2021, to direct the non-petitioners to transfer the
petitioner Balveer @ Balli S/o Shri Hoti Lal 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 11.10.2007 the petitioner was convicted and
sentenced by the learned Additional District and Sessions Judge,
(2 of 3) [CRLW-1506/2021]
Jaipur for the Offence(s) under Section 376(2) (g) IPC sentenced
with 10 years imprisonment against the said order. Petitioner
preferred a D.B. Criminal Appeal No.542/2008 which has been
dismissed by this court. 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, Sewar Bharatpur to Open Air Camp
Sanganer Jaipur.
The criminal writ petition stands disposed of.
(3 of 3) [CRLW-1506/2021]
Registrar (Judicial) is directed to send a copy of this order to
the Superintendent, Central Jail, Sewar Bharatpur as also to the
Superintendent, Open Air Camp, for compliance.
(NARENDRA SINGH DHADDHA),J
Brijesh 108.
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