Surendra Singh S/O Shri Dilip ... vs State Of Rajasthan
2022 Latest Caselaw 6171 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Criminal Writ Petition No. 368/2022

Surendra Singh S/o Shri Dilip Singh, Aged About 48 Years, R/o
Village Desula, Tehsil Alwar, Police Station Udyog Nagar, District
Alwar (Raj.) ( At Present In Central Jail Alwar) Through His
Brother In Law Gyan Singh S/o Shri Khan Singh, Aged About 58
Years, R/o Village Desula, Tehsil Alwar, Police Station Udyog
Nagar, District Alwar (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, Director
       General       Of   Prisons,        Directorate        Prisons,     Rajasthan
       Ghatgate, Jaipur (Raj.)
3.     Director      General        Of      Prisons,        Directorate        Prisons
       Rajasthan, Ghatgate, Jaipur.
4.     Inspector      General        Of      Prisons,       Directorate        Prisons
       Rajasthan, Ghatgate, Jaipur.
5.     Superintendent Central Jail, Alwar.
                                                                   ----Respondents

For Petitioner(s) : Mr. Anshuman Saxena, Adv. For Respondent(s) : Mr. Prashant Sharma, Dy.GA

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

14/09/2022

The petitioner prays for transfer to Open Air Camp. The

petitioner is life convict and has already served out nine years

imprisonment. The Advisory Committee has refused the prayer on

the ground that Rule 3 of Rajasthan Open Air Camp Rules, 1972

(2 of 2) [CRLW-368/2022]

does not permit a convict under Section 302 IPC to be kept in

Open Air Camp.

Moreover, the petitioner is under trial in two other cases also

however, the petitioner is on bail in those cases. Earlier, the order

of Advisory Committee was quashed in S.B. Criminal Writ Petition

No. 146/2022 and the matter was remitted back for re-

consideration.

Learned counsel for the petitioner submits that a Division

Bench of this Court in Pyare Lal vs. State of Rajasthan & Anr.

decided on 15/01/2013 held that "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 application

of the petitioner, subject to other conditions".

The present matter is fully covered by decision of this court

in Krishna & Anr. vs. State of Rajasthan & Ors reported in 2004

(4) WLC (Raj.) 582 and Geeta Devi vs. State of Rajasthan

reported in 2012 (3) WLC (Raj.) 146.

Considering the judgment of Division Bench, the impugned

order of the Advisory Committee is hereby quashed and it is

hereby directed that the convict petitioner shall forthwith be sent

to a suitable Open Air Camp.

The writ petition is allowed accordingly.

(BIRENDRA KUMAR),J

ANIL SHARMA /125

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