Mangilal vs State Of Rajasthan ...
2023 Latest Caselaw 4500 Raj

[2023/RJJD/014639]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B. Criminal Writ Petition No. 515/2023

Mangilal S/o Shri Hamera, aged about 60 Years, at present lodged in Central Jail Udaipur through his Wife Smt. Hakri W/o Shri Mangilal, aged about 58 years R/o Vill. Uperata PS Augna Dist. Udaipur

----Petitioner Versus

1. State of Rajasthan, Dept. of Home Raj. Jaipur

2. The Director, General Jail Jaipur

3. The Superintendent Central Jail, Jaipur

----Respondents

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

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

11/05/2023

1. This petition has been filed by the petitioner seeking

direction to respondents to send the petitioner to Open Air Camp,

Udaipur.

2. A reply to the petition has been filed, inter-alia, indicating

that the petitioner has absconded from the Open Air Camp and as

per the provisions of Rules 3 (c) and 3 (g) of the Open Air Camp

Rules, 1972 he is not eligible for being sent to the Open Air Camp

and that the matter is pending at headquarter.

3. Counsel for the petitioner made submissions with reference

to judgment in Shankar vs. State of Rajasthan & Ors. : D.B.

[2023/RJJD/014639] (2 of 2) [CRLW-515/2023]

Criminal Writ Petition No.88/2022 decided on 12.05.2022 and

Anish Mohd. vs. State of Rajasthan & Ors. : D.B. Criminal Writ

Petition No.215/2022 decided on 14.07.2022 that reporting at

Open Air Camp with delay/on account of some reasonable cause

cannot dis-entitle a prisoner from being sent to Open Air Camp.

4. In view of the fact that the matter is pending consideration

at Headquarter, the respondents are directed to pass appropriate

order expeditiously, preferably within a period of one month from

today keeping in view the judgments of this Court in the cases of

Shankar and Anish Mohd. (supra).

5. The petition stands disposed of accordingly.

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

Powered by TCPDF (www.tcpdf.org)