Vikram Singh S/O Shri Chen Singh vs State Of Rajasthan
2022 Latest Caselaw 5804 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Criminal Writ Petition No. 238/2022

Vikram Singh S/o Shri Chen Singh, R/o Arniya, Police Station
Unhel, District Jhalawar (Raj.) ( At Present Confined In Central
Jail Jaipur (Raj.) Through His Younger Brother Kamal Singh S/o
Shri Chen Singh Aged About 25 Years, R/o Arniya, Police Station
Unhel, District Jhalawar (Raj.)
                                                                           ----Petitioner
                                        Versus
1.     State      Of     Rajasthan,          Through       The       Secretary   Home,
       Secretariat, Jaipur (Raj.)
2.     The Driector General Of Prisons, Directorate Prisons,
       Ghatgate, Jaipur (Raj.)
3.     Superintendent Central Jail, Jaipur (Raj.)
                                                                      ----Respondents

For Petitioner(s) : Mr. Tekchand Swami For Respondent(s) : Mr. Chandragupt Chopra, AGA

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

24/08/2022

Heard the parties.

Petitioner is a convict serving out his sentence of

imprisonment for life. The prayer of the petitioner for transfer to

open air camp has been refused by the competent committee, for

the reason that the petitioner is convict for offence under Section

396 IPC, which is a prohibited offence and petitioner is an under

trial on bail. The report at page 119 would reveal that the

petitioner is accused in case No. 680/2012 pending before

Sessions Judge, Nagda in the State of Madhya Pradesh. Petitioner

would be required to appear before the Nagda Court to cooperate

(2 of 2) [CRLW-238/2022]

in the trial. In an open air camp, a convict is allowed to live almost

normal life. There are chances that the petitioner would escape

the process of law and would not make himself available to face

trial at Madhya Pradesh.

Learned counsel for the petitioner submits that in several

cases convicts who were under trial in other States were allowed

to enjoy transfer to open air camp.

Learned counsel relied on the judgment of a Coordinate

Bench of this court passed in SB Criminal Writ Petition No.

1441/2021 wherein the petitioner was resident of State of Uttar

Pradesh and a convict in the State of Rajasthan. It was not

brought to the notice of Hon'ble Bench while hearing SB Criminal

Writ Petition No. 1441/2021 that a prisoner who had no abode in

Rajasthan is disqualified under Rules 3 to be transferred to open

air camp. Reference may be made to item No. (j) of Rule 3 of

Rajastahn Prisoners Open Air Rules, 1972.

Therefore, I do not find anything to interfere with the order

of competent authority, petition stands dismissed as devoid of

any merit.

(BIRENDRA KUMAR),J

ashu/84

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