Shankar vs State
2022 Latest Caselaw 7083 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 88/2022

Shankar S/o Sh. Rajiya, Aged About 33 Years, B/c Meena, At Present Lodged In Dist. Jail, Udaipur, Through His Mother Smt. Hudki W/o Sh. Rajiya Aged 56 Years R/o Village Patla Kuri, Hurawat Fala, P.s. Lasadiya, Dist. Udaipur, Raj.

----Petitioner Versus

1. State, Dept. Of Home, Rajasthan, Jaipur.

2. The Director General Jail, Jaipur.

3. The Superintendent, Central Jail, Udaipur.

----Respondents

For Petitioner(s) : Ms. Sumitra Choudhary For Respondent(s) : Mr. Anil Joshi GA-cum-AAG

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

Order

12/05/2022

The present petition has been filed with a prayer for

consideration of the pending application of the petitioner for

sending him 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 23.07.2012. The petitioner preferred an appeal

against the said judgment which is still pending. It is the averment

of 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. He could not report back to

the Open Air Camp before the roll call because of the reason that

the bus in which he was travelling, got punctured. He reached

(2 of 3) [CRLW-88/2022]

the camp at 12:25 AM and 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 on 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 earlier on the same

grounds, the application for fourth parole to the petitioner was

rejected against which the criminal writ petition was filed before

this Court being D.B. Criminal Writ Petition No.577/2021. The

same was allowed vide order dated 16.12.2021 keeping in

consideration the fact that the circumstances due to which the

petitioner had failed to mark his presence 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 12:25 AM. 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-88/2022]

that the petitioner has successfully availed his first, second, third

and fourth parole without any breach or flouting of any condition.

The factual report has also been filed by the learned AAG

and it is clear from the perusal of the same that except the period

from 10:00 PM of 15.09.2021 to 12:35 AM of 16.09.2021, the

petitioner never remained absent from the Open Air Camp,

Pratapgarh.

In view of the above observations, the present petition is

allowed, the respondent-authorities are directed to send the

convict prisoner Shankar S/o Sh. Rajiya back to the suitable Open

Air Camp viz. Pratapgarh/Udaipur as per his choice/availability.

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


                                    15-T.Singh, Abhishek.S/-









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