Rajasthan High Court - Jodhpur
Anish Mohd vs State Of Rajasthan on 14 July, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
(1 of 3) [CRLW-215/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 215/2022
Anish Mohd. S/o Shri Niyaj Mohd., Aged About 30 Years, At
Present Lodged In Central Jail, Udaipur, Through His Sister Smt.
Sabana Bano W/o Late Shri Sahid Kha, Aged About 33 Years, R/
o Sector 05, 02M-32 Shanti Nagar, Hiran Magri, Udaipur Raj.
----Petitioner
Versus
1. State Of Rajasthan, Dept. Of Home, Rajasthan, Jaipur.
2. The Director General Jail, Jaipur.
3. The Superintendent, Central Jail, Udaipur.
----Respondents
For Petitioner(s) : Mr. S.D. Chavariya
For Respondent(s) : Mr. Anil Joshi, A.A.G.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
14/07/2022
The present petition has been filed with a prayer for
sending the petitioner to the Open Air Camp, Pratapgarh.
The petitioner had been convicted for the offence under
Section 302 IPC and sentenced to life imprisonment vide
judgment dated 31.08.2012 in Session Case No. 125/2009. The
petitioner preferred an appeal against the said judgment which is
pending before this Court. In the writ petition it is stated by the
petitioner that he was earlier sent to Open Air Camp,
Pratapgarh and while serving his sentence at the Open Air Camp,
he went to his house on 15.09.2021 to attend his ailing mother.
He could not report back to the Open Air Camp before the roll call.
(2 of 3) [CRLW-215/2022]
He reached the camp at 11:50 PM on 15.09.2021. The petitioner
requested to mark his presence but the same was declined by the
jail authorities. Resultantly, he was sent back to the regular jail
and a punishment of forfeiture of remission of 10 days was also
imposed upon him.
The application has now been preferred on behalf of the
petitioner for sending him back to the Open Air Camp but the
same has not been considered by the authorities and therefore,
the present petition has been preferred.
Counsel for the petitioner submitted that in the past, the
work and conduct of the petitioner has remained satisfactory. The
learned counsel for the petitioner further submitted that the
circumstances due to which the petitioner had failed to mark his
presence at the time of roll call in the Open Air Camp were beyond
his control.
It is clear on record that the petitioner was supposed to
mark his presence on 15.09.2021 before the roll call but he
presented himself at 11:50 PM. The petitioner, thus, in no manner
flouted any condition in terms of Rule 3(c) of the Rules of the
Rajasthan Prisoners Open Air Camp Rules, 1972. Rule 3(c) of the
Rules of 1972 reads as under:-
"3. Ineligibility for admission to open air camp--
.....................
(c) persons who have escaped from the jails or
who have attempted to escape from a lawful
custody."
Reporting to the Open Air Camp after a delay of some hours
cannot be termed to be an escape from jail or an attempt to
escape from a lawful custody. Moresoever, it is also clear on record
(3 of 3) [CRLW-215/2022]
that the petitioner was earlier released on first, second and third
parole for a period of 20, 30 & 40 days respectively as also on
emergent parole for 15 days and he returned to the jail after
availing the parole peacefully.
The factual report has also been submitted by the learned
AAG and it is clear that the petitioner reported at the Open Air
Camp, Pratapgarh on 15.09.2021 at 11:50 PM.
In view of the above observations, the respondent-
authorities are directed to send the convict prisoner Anish Mohd.
S/o Sh. Niyaj Mohd. back to the suitable Open Air Camp viz.
Pratapgarh/Udaipur as per his choice/availability.
The writ petition is allowed accordingly.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
20-KshamaD/-
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