Ram Lal S/O Shri Nanda Daroga vs State Of Rajasthan
2022 Latest Caselaw 5700 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Criminal Writ Petition No. 389/2022

Ram Lal S/o Shri Nanda Daroga, R/o Chhachhiya, Police Station
Shakkar Garh, District Bhilwara (Raj.) ( At Present Confined In
Central Jail Ajmer) Through His Nephew Madan S/o Shri Devalal,
Aged About 30 Years, R/o Jhojar, Police Station Shakkar Garh,
District Bhilwara (Raj.)
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through The Secretary, Department
       Of Home, Govt. Secretariat, Jaipur.
2.     The Director General Of Prisons, Directorate Prison,
       Rajasthan, Jaipur
3.     The Superintendent, Central Jail, Ajmer.
                                                                ----Respondents

For Petitioner(s) : Mr. Govind Prasad Rawat, Adv. For Respondent(s) : Mr. Prashant Sharma, AGA

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

22/08/2022

Heard the parties.

The petitioner is serving out the sentence of twenty years

rigorous imprisonment awarded in Sessions Case No. 84/2014 for

offence under Section 376(D) IPC and Section 3/4 of POCSO Act.

The petitioner has already served out more than nine years of the

sentence.

The prayer of the petitioner for transfer to Open Air Camp

has been refused by the competent committee.

(2 of 3) [CRLW-389/2022]

Learned counsel submits that the jail authorities have

submitted report that conduct and character of the petitioner in

jail was satisfactory.

Learned State counsel has opposed the prayer on the ground

that Rule 3 & 4 of the new rules does not permit transfer to Open

Air Camp to prisoner who was convicted for the referred offences.

The petitioner is also covered by the said rules.

The Rajasthan Prisoners Open Air Camp Rules, 1972 provides

for sending convicts to open air camp with object to encourage

good conduct, satisfactory performance of work and a life of self

discipline among the convicts of Rajasthan.

A 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 Devi Vs. 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-389/2022]

Considered the submissions advanced by the petitioner's

counsel and the learned Public Prosecutor and have gone through

the impugned order and the material placed on record.

In view of the settled precedence, the impugned order

issued by the Open Air Committee is hereby quashed qua the

petitioner. It is hereby directed that the convict petitioner shall

forthwith be sent to a suitable Open Air Camp.

The writ petition is allowed accordingly.

(BIRENDRA KUMAR),J

ANIL SHARMA /81

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