Rajendra @ Goru vs State
2022 Latest Caselaw 1113 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 599/2021

Rajendra @ Goru S/o Shri Hetram, Aged About 29 Years, At Present Lodged In Central Jail, Bikaner Through His Father Shri Hetram S/o Shri Ranjeet Ram, Age About 55 Years, R/o Village Bhukharka, P.s. Nohar, District Hanumangarh.

----Petitioner Versus

1. State, Home Dept. Jaipur.

2. The Director General, (Jail), Jaipur.

3. The District Collector, Hanumangarh.

4. The Superintendent, Central Jail, Bikaner.

----Respondents

For Petitioner(s) : Mr. K.R. Bhati (through VC) For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

24/01/2022

The petitioner herein has approached this Court with the

prayer to direct the respondents to send him to the Open Air

Camp, Hanumangarh.

The respondents have filed a reply to the writ petition

wherein, copy of the minutes of the meeting held in the office of

Director General of Prisons, Jaipur dated 16.04.2021 are annexed

as per which, the case of the petitioner for being sent to the Open

Air Camp has been turned down holding that he has been

convicted for the restricted offences punishable under Sections

376(2)(f) IPC and Sections 5(M) and 6 of POCSO Act and hence,

he is not entitled to be sent to the Open Air Camp.

(2 of 2) [CRLW-599/2021]

Shri Bhati, learned counsel representing the petitioner drew

the Court's attention to the order dated 23.11.2021 passed by this

Court in case of Sandeep vs. State of Rajasthan (D.B.

Criminal Writ Petition No.532/2021) wherein this Court

considered the import of the restrictions imposed in Rules 3 & 4 of

the Rajasthan Prisoners Open Air Camp Rules, 1972 and observed

that the word "ordinarily" used for imposing ineligibility for

admission to the Open Air Camp on the basis of specified offences

does not absolutely prohibit entitlement of prisoners falling in the

class enumerated in the Rules to be sent to the Open Air Camps.

In this background, rejection of the petitioner's case on this

sole ground vide minutes dated 16.04.2021 is unjust and hence

quashed and set aside. The matter is remanded to the competent

Committee which shall re-consider the case of the petitioner for

being sent to the Open Air Camp in light of Division Bench

judgment of this Court in the case of Sandeep (supra). Requisite

exercise in this regard shall be completed within three months

from today.

The writ petition is disposed of in these terms.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J 11-Sudhir Asopa/-

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