Rajasthan High Court
Sunil S/O Shri Ghashi Ram vs State Of Rajasthan on 16 August, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 701/2021
Sunil S/o Shri Ghashi Ram, R/o 11246-47 Gali No.-03 Motiya
Khan Pahar Ganj Central Delhi (At Present Confined In Central
Jail Bikaner)
Through His Mother :- Smt. Heero Devi W/o Ghashi Ram Aged
About 61 Years R/o 11246-47 Gali No. -03 Motiya Khan Pahar
Ganj Central Delhi
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Department
Of Home Govt. Secretariat Jaipur
2. Director General Of Prisons, Directorate Prison Raj. Jaipur
3. The Superintendent Of Central Jail, Bikaner
----Respondents
For Petitioner(s) : Mr. B. R. Choudhary, Adv.
For Respondent(s) : Mr. Sanjeev Kumar Mahla, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
16/08/2022
Instant writ petition has been filed by the accused petitioner
through his mother Smt. Heero Devi 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 21.07.2020, to direct the non-petitioners to transfer the
petitioner Sunil S/o Shri Ghashi Ram 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 31.07.2004 the petitioner was convicted and
(2 of 3) [CRLW-701/2021]
sentenced by the learned Additional District & Sessions Judge
(Fast Track) No.1, Jaipur District, Jaipur for the Offence(s) under
Sections 302, 120-B and 201 IPC to life imprisonment against the
said order. Petitioner preferred a D.B. Criminal Appeal
No.939/2004 that was dismissed by this court. Petitioner has
served more than 12 years, 05 months and 26 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."
(3 of 3) [CRLW-701/2021]
In view of above, respondents are directed to transfer the
petitioner from Central Jail, Bikaner to Open Air Camp Sanganer
Jaipur.
The criminal writ petition stands disposed of.
Registrar (Judicial) is directed to send a copy of this order to
the Superintendent, Central Jail, Bikaner as also to the
Superintendent, Open Air Camp, for compliance.
(NARENDRA SINGH DHADDHA),J
Chhaya/119
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