Ajit Singh vs State
2022 Latest Caselaw 3886 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 52/2022

Ajit Singh S/o Shri Mahendra Singh, Aged About 27 Years, At Present Lodged In Central Jail, Ajmer Through His Mother Smt. Santosh Kanwar W/o Shri Mahendra Singh, Age About 50 Years, B/c Rajput, R/o Village Motora Ka Khera, P.s. Bigod, District Bhilwara.

----Petitioner Versus

1. State of Rajasthan, Home Dept. Jaipur.

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

3. The District Collector, Bhilwara.

4. The Superintendent, Central Jail, Ajmer.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. S.D. Chavariya
For Respondent(s)          :     Mr. Anil Joshi, AAG



             HON'BLE MR. JUSTICE SANDEEP MEHTA
              HON'BLE MS. JUSTICE REKHA BORANA

                                      Order

11/03/2022

The instant writ petition has been preferred by the convict

petitioner Ajit Singh for assailing the adverse recommendations

dated 19.01.2022 issued by the Open Air Committee, Government

of Rajasthan, Jaipur whereby, the application preferred by the

convict petitioner for being sent to the Open Air Camp was

rejected.

We have heard and considered the submissions advanced by

the petitioner's counsel and the learned AAG Shri Anil Joshi and,

have gone through the impugned order and the material placed on

record.

(2 of 3) [CRLW-52/2022]

Earlier also, the application filed by the petitioner for being

sent to the Open Air Camp was rejected by the Committee upon

which, D.B. Criminal Writ Petition No.563/2021 was filed to

challenge the same. The said writ petition was accepted by this

Court vide order dated 01.12.2021. The adverse recommendations

were quashed and the respondents were directed to reconsider

the case of the convict petitioner for being sent to the Open Air

Camp in light of this Court's Judgment in the case of Nirbhay

Singh @ Nabbu Vs. State (D.B. Criminal Writ No.38/2018),

decided on 04.04.2018 and without resorting to the restrictions

contained in Rules 3 and 4 of the Rajasthan Prisoners Open Air

Camp Rules, 1972. The Committee reconsidered the case of the

petitioner and rejected the application in the following manner:

"6- vthr flag iq= egsUnz flag] ds-dk- vtesj canh }kjk fnukad 31-12-2020 rd 07 o'kZ 08 ekg 27 fnol dh ltk e; ifjgkj ds Hkqxrh gSA

fnukad 22-09-2021 dks vk;ksftr canh [kqyk f"kfoj lfefr dh cSBd esa canh ds izdj.k ij fopkj dj lfefr }kjk ^^canh ds izfrcaf/kr /kkjk 376 vkbZ- ih-lh- esa vkthou dkjkokl ls nf.Mr fd;s tkus ls fu;ekuqlkj ik= ugha gksus ls canh dks [kqyk canh f"kfoj esa ugha Hksts tkus dk fu.kZ; fy;k x;k FkkA**

mDr fu.kZ; ds fo:) nk;j ;kfpdk esa U;k;ky; }kjk ikfjr vkns"k dh ikyuk esa canh ds izdj.k ij fopkj fd;k x;kA canh ds varxZr /kkjk 376 vkbZ- ih-lh- esa vkthou dkjkokl ls nf.Mr fd;s tkus ls og jktLFkku dSnh [kqyk f"kfoj fu;e] 1972 ds fu;e 4 ¼d½ ds varxZr ¼;fn og fu;e 3 esa fofufnZ'V dksfV;ksa dh fdlh dksVh esa ugha vkrk½ [kqyk canh f"kfoj esa Hksts tkus gsrq ik= ugha gSA"

Manifestly, we are of the firm view that the Committee failed

to consider the case of the petitioner in light of the order dated

01.12.2021. No reference was made to the Division Bench

Judgment of this Court in the case of Nirbhay Singh (supra)

(3 of 3) [CRLW-52/2022]

while rejecting the petitioner's application. The restrictions

contained in Rules 3 and 4 were again relied upon for rejecting the

application. Another reason has been assigned in the order dated

19.01.2022 that the convict is aged about 27 years. Other

convicts are residing in the Open Air Camp with their wives and

daughters and hence, the Superintendent of Jail has not

recommended the case of the petitioner for being sent to the

Open Air Camp. We are of the firm opinion that this observation

made by the Committee in the adverse recommendations is

absolutely extraneous and unwarranted. Merely because the

convict is of young age and other ladies/ girls are living in the

Camp, that by itself would not imply that the accused would

misbehave with them. Needless to say that if any convict is found

behaving in an improper manner while being at the Open Air

Camp, the indulgence so granted can always be cancelled because

the opportunity to continue at the Open Air Camp is always

subject to display of good behaviour by the convict.

As a consequence, the impugned recommendations

19.01.2022 issued by the Open Air Committee, Government of

Rajasthan, Jaipur are hereby quashed qua the petitioner. It is

hereby directed that the convict petitioner shall forthwith be sent

to the suitable Open Air Camp.

The writ petition is allowed accordingly.

                                   (REKHA BORANA),J                                            (SANDEEP MEHTA),J


                                    38-Tikam/-









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