Ranjan Kumar Jargad S/O Shri ... vs State Of Rajasthan
2023 Latest Caselaw 74 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Criminal Writ Petition No. 235/2022

Ranjan Kumar Jargad S/o Shri Parkash Chand Jargad, R/o House
No. 378 Mahar Niwas, Hanuman Ji Ki Gali, Gopal Ji Ka Rasta,
Police Station Manak Chouk, District Jaipur (Raj.) ( At Present
Confined In Central Jail Jaipur (Raj.) Through His Mother Smt.
Neelam Rani Jargad W/o Shri Parkash Chand Jargad Aged About
65 Years R/o House No. 378, Mahar Niwas, Hanuman Ji Ki Gali,
Gopal Ji Ka Rasta, Police Station Manak Chouk, District Jaipur
(Raj.)
                                                                       ----Petitioner
                                      Versus
1.       State    Of   Rajasthan,        Through         The       Secretary   Home,
         Secretariat, Jaipur (Raj.)
2.       The Director General Of Prisons Directorate Prisons,
         Ghatgate, Jaipur (Raj.)
3.       Superintendent Central Jail, Jaipur (Raj.)
                                                                    ----Respondents

For Petitioner(s) : Mr. Tekchand Swami, Adv. For Respondent(s) : Mr. Atul Sharma, Public Prosecutor

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

03/01/2023

Instant petition has been filed by the petitioner for

transferring him to the Open Air Camp.

Vide impugned order dated 10.03.2022, the State-

respondents have refused to transfer the petitioner to the Open

Air Camp on the ground that the petitioner has been convicted for

the offence under Section 394 IPC.

The contention of the learned counsel for the petitioner

is that the petitioner is in custody since last more than 8 years.

(2 of 3) [CRLW-235/2022]

Learned counsel for the petitioner has placed reliance on the

judgments passed by the Co-ordinate Bench of this Court in the

case of Pooran Singh Vs. State of Rajasthan and Ors. : S.B.

Criminal Writ Petition No. 322/2022 decided on 22.07.2022,

Satish @ Lilu Vs. State of Rajasthan and Anr. : S.B. Criminal

Writ Petition No. 523/2019 decided on 04.06.2020 and Sher

Singh @ Sheru Vs. State of Rajasthan and Anr. : S.B.

Criminal Writ Petition No. 525/2019 decided on 02.06.2020.

Counsel submits that under the similar circumstances, directions

have been issued to the authorities to transfer the accused

persons to the open air camp, so the similar order be passed in

the instant case also.

Per contra, learned Public Prosecutor has opposed the

prayer made by the learned counsel for the petitioner and has

submitted that the petitioner has been convicted for the offence

under Section 394 IPC and looking to the seriousness of the

offence, the petitioner is not entitled to be shifted to the Open Air

Camp.

Heard and considered the rival submissions made by

the learned counsel for the parties and perused the material

available on record.

It is true that no prisoner could claim transfer to Open

Air Camp as a matter of right. The Rajasthan Prisoners Open Air

Camp Rules, 1972 was framed primarily with an object to send a

convict to Open Air Camp with the purpose to encourage good

conduct, self-discipline and inculminating them to normal life. It is

a method to reform the prisoners to the social environment and

society as a whole. It is a reformatory concept. The law relating to

reformation of the prisoner has been discussed at length vide

(3 of 3) [CRLW-235/2022]

several judgments by the Apex Court as well as by this Court as

noticed in the aforesaid judgments.

In the opinion of this Court, attempt should always be

made to reform a convict, if his/her performance while in the

judicial custody has been found to be above board and has not

been indulging in any other misadventure or activity which may

harming the society. Merely on account of the conviction for a

particular offence cannot be a bar for considering the petitoner's

case for shifting him to Open Air Camp. A straight jacket formula

cannot be applied in all the cases. Rule 3 of the Rules of 1972

mentions word "ordinarily" and thus, the Open Air Camp

Committee is required to examine independently each and other

case.

Taking into consideration the facts of the present case

and also the report, which is placed on record, this Court is

satisfied that the petitioner has made out a case for being shifted

to Open Air Camp. Accordingly, the report of the Open Air Camp

Committee is set aside and the petitioner shall be entitled to be

shifted to Open Air Camp as per the Scheme of the Rules of 1972

and necessary order in this regard shall be passed by the

concerned Jail Authorities within a period of one month henceforth

and a copy of this order be sent to the concerned Jail Authorities

for the said purpose.

In view of the above, the criminal writ petition is

accordingly allowed.

(ANOOP KUMAR DHAND),J

MR/58

Powered by TCPDF (www.tcpdf.org)