Deepa Ram @ Deepla vs State
2022 Latest Caselaw 4659 Raj

(1 of 2) [CRLW-65/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 65/2022

Deepa Ram @ Deepla S/o Shri Laluram, Aged About 35 Years, B/c Jat, At Present Lodged In Central Jail, Bikaner Through His Father Shri Laluram S/o Shri Luna Ram, Age About 68 Years, B/c Jaat, R/o Ward No. 1, Bapeoo, District Bikaner.

----Petitioner Versus

1. State, Home Dept. , Jaipur.

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

3. The District Collector, Bikaner.

4. The Superintendent, Central Jail, Bikaner.

----Respondents

For Petitioner(s) : Mr. Kaluram Bhati For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG (In Charge)

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

Order

28/03/2022

The petitioner applied for transfer to the Open Air Camp. His

application was rejected by recommendation dated 16.04.2021

whereupon, the petitioner filed D.B. Criminal Writ Petition

No.531/2021 which was allowed vide order dated 24.11.2021 and

the respondents were directed to reconsider the case of the

petitioner for being sent to the Open Air Camp in light of the

judgment rendered by this Court in the case of Nirbhay Singh @

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

on 04.04.2018. Upon remand, the Committee has again rejected

the case of the petitioner citing the very same reason of

(2 of 2) [CRLW-65/2022]

disentitlement i.e. Rule 4(a) of the Rajasthan Prisoners Open Air

Camp Rules, 1972.

We feel that the approach of the Open Air Committee in

rejecting the case of the petitioner, is totally laconic and

mechanical. The order has been passed in gross disregard to this

Court's judgment dated 11.03.2022 rendered in the case of Ajit

Singh Vs. State of Rajasthan & Ors. (D.B. Criminal Writ

Petition No.52/2022) whereby, in identical circumstances, relief

of being sent to the Open Air Camp was extended to the said

convict Shri Ajit Singh.

Accordingly, the instant writ petition deserves to be and is

hereby allowed. The impugned recommendations dated

19.01.2022 are quashed qua the petitioner who shall be forthwith

transferred to the Open Air Camp.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J

24-/Tikam/Devesh/-

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