Rajasthan High Court
Deena @ Deendayal S/O Shri Gore Lal vs State Of Rajasthan on 16 March, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 827/2020
Deena @ Deendayal S/o Shri Gore Lal, Aged About 39 Years, R/o
Vill. Jheel Ps Basedi Tehsil Basedi Dist. Dholpur (Presently
Confined In Central Jail Bharatpur) Through His Brother Munshi
Lal Son Of Shri Gore Lal Aged About 30 Years R/o Vill. Jheel Ps
Basedi Tehsil Basedi Dist. Dholpur Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Home Department
Jaipur Raj.
2. The Prisoners Open Air Camp Advisory Committee,
Through Its Director Directorate Prison Jaipur Raj.
3. The Deputy Dirctor General Of Prison, Directorate Prison
Rajasthan Ghat Gate Jaipur Raj.
4. Superintendent, Central Jail Bharatpur Raj.
----Respondents
For Petitioner(s) : Mr. Dheeraj Singhal, Adv.
For Respondent(s) : Mr. Deshraj Gosingha, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
16/03/2022
Instant writ petition has been filed by the accused petitioner
through his brother Munshi Lal under Article 226 of the
Constitution of India read with Rule 315 (H) of the Rajasthan High
Court Rules with the prayers; to quash and set aside the order
dated 21.07.2020, to direct the non-petitioners to transfer the
petitioner Deena @ Deendayal S/o Shri Gore Lal to the Open Air
Camp immediately and to call for the record from the non-
petitioners pertaining to the present matter.
(2 of 3) [CRLW-827/2020]
Learned counsel for the petitioner submits that vide
Judgment dated 03.06.2014 the petitioner was convicted and
sentenced by the Special Judge (Anti Dacoity Cases) Dholpur,
District Dholpur for the Offence(s) under Section 148, 302, 302
read with 149, 395 and 396 IPC to life imprisonment against the
said order. Petitioner preferred a D.B. Criminal Appeal
No.816/2014 that was dismissed by this court on 13.12.2017.
Petitioner has served more than 11 years and 2 months with
remission and jail conduct of the petitioner in jail is good.
Petitioner's case for transferring him to Open Air Camp was
rejected by the State Level Advisory Committee as per the Rule 3
of Rajasthan Open Air Camp, 1972.
The 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
DeviVs. 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,
(3 of 3) [CRLW-827/2020]
as early as possible, but not later than a
period of three months from the date of
receipt of copy of this order."
In view of above, respondents are directed to transfer the
petitioner from Central Jail, Bharatpur to Open Air Camp.
The criminal writ petition stands disposed of.
Registrar (Judicial) is directed to send a copy of this order to
the Superintendent, Central Jail, Bharatpur as also to the
Superintendent, Open Air Camp, for compliance.
(NARENDRA SINGH DHADDHA),J
Jatin/134
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