Sandeep Singh vs State Of Rajasthan ...
2023 Latest Caselaw 3586 Raj

[2023/RJJD/011815]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B. Criminal Writ Petition No. 177/2023

Sandeep Singh S/o Shri Dungar Singh, aged about 45 Years, at present lodged in Special Central Jail, Shyalawas, Dausa through his wife Smt. Beby Kanwar W/o Shri Sandeep Singh, age about 38 years, R/o Ward No. 8, Mantriyo Ke Kuye Ke Pas, P.S. Taranagar, District Churu.

----Petitioner Versus

1. State of Rajasthan, Home Depart., Jaipur.

2. The Director General (Jail), Jaipur.

3. The District Collector, Churu.

4. The Superintendent, Special Central Jail, Shyalawas, Dausa.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. K.R. Bhati.
For Respondent(s)         :     Mr. Anil Joshi, GA-cum-AAG with
                                Mr. Rajat Chhaparwal.

                                Ms. Malini Agarwal, Addl. Director

General, Prisons, Rajasthan Jaipur.

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order 25/04/2023

1. This petition has been filed by the petitioner aggrieved of

rejection of his case for being sent to Open Air Camp.

2. The matter has got a chequered history, wherein the case of

the petitioner has been repeatedly rejected by the Committee for

being sent to Open Air Camp on the ground of pending cases.

Apparently, the fact that the petitioner already stands acquitted by

judgments dated 22.06.2022 and 27.07.2022 has not been taken

[2023/RJJD/011815] (2 of 2) [CRLW-177/2023]

into consideration by the Committee in its meeting held on

25.01.2023, despite directions given by this Court on 01.12.2022.

3. Though non-consideration of the acquittal of petitioner and

rejecting the case based on pendency of cases cannot be

approved, as it is expected of the Committee to take into

consideration the orders passed by this Court while dealing the

matters pertaining to the prisoners and the Committee must have

up to date information pertaining to cases, which are being

considered for being sent to Open Air Camp.

4. Learned counsel for the State made submissions that though

the relevant aspect could not be considered in the meeting dated

25.1.2023, the same would now be taken into consideration in the

next meeting and appropriate orders will be passed.

5. The Additional Director General, Prisons, Rajasthan Jaipur

present in person, assures the Court that in future meeting(s), up

to date information about the prisoners would be taken into

consideration while dealing with their cases for being sent to Open

Air Camp.

6. In view of above fact situation, the petition filed by the

petitioner is disposed of. The respondents are directed to consider

the case of the petitioner for being sent to Open Air Camp keeping

in view his acquittal in two pending cases and the fact that he has

already undergone imprisonment for ten years, the punishment

prescribed for offence under Section 460 IPC.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J 14-DJ/-

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