Gopal S/O Shri Harjiram Bagriya vs State Of Rajasthan
2022 Latest Caselaw 2283 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Criminal Writ Petition No. 132/2022

Gopal S/o Shri Harjiram Bagriya, Aged About 37 Years, R/o
Sakhaun, Dudu, District Jaipur (Raj.) ( At Present In Central Jail
Jaipur) Through His Cousin Brother Bhagwat, S/o Shri Sitaram
Aged About 19 Years, R/o Gajowali Ki Dhani, Bhopaivadi, Tehsil
Kishangarh, District Ajmer (Raj.)
                                                                     ----Petitioner
                                    Versus
1.     State    Of   Rajasthan,         Through        The       Secretary,    Home
       Department, Secretariat, Jaipur.
2.     Prisoners Open Air Camp Advisory Committee, Through
       Its Chairman, Director General Of Prisons, Directorate
       Prisons, Rajasthan Ghatgate, Jaipur ( Raj.)
3.     Director      General       Of      Prisons,        Directorate        Prisons
       Rajasthan, Ghatgate, Jaipur.
4.     Superintendent Central Jail, Jaipur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) : Mr. Atul Sharma, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

11/03/2022

By way of this petition, petitioner seeks for following reliefs:-

"1) to quash and set aside the Minutes of the meeting/order dt. 21.7.2020 (Annexure-1) passed by the Prisoners Open Air Camp Advisory Committee in its meeting qua the petitioner.

2) To direct the non-petitioners to shift/transfer the petitioner Gopal S/o Shri Harjiram Bagriya to Open Air Camp immediately.

(2 of 2) [CRLW-132/2022]

3) To call for the record from the non-petitioners pertaining to the present matter.

4) to pass any other order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the petitioner."

Learned counsel for the petitioner submits that application

filed by the petitioner regarding Open Air Camp was rejected by

Prisoners Open Air Camp Advisory Committee on 21.7.2020 in

mechanical way without assigning any cogent reason. Learned

counsel for the petitioner also submits that application filed by the

petitioner be decided by committee in the light of the judgment

passed by this court in Narendra Singh @ Mukesh @ Bhura Vs.

State of Raj. D.B. Criminal Writ Petition No.506/2020; Vidhya Devi

W/o Sh. Gopiram D.B. Criminal Writ Petition No.14/2020.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and perused the impugned order.

Accordingly, this writ petition is allowed. The impugned

decision of the State Open Air Camp Committee is set aside. The

State Open Air Camp Committee is directed to consider the case

of the prisoner-Gopal S/o Shri Harjiram Bagriya for transfer to

Open Air Camp afresh in accordance with above mentioned

pronouncement within a period of six weeks from the date of

receipt of certified copy of this order.

(NARENDRA SINGH DHADDHA),J

Brijesh 109.

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