Kapil Gupta vs State Of Rajasthan
2023 Latest Caselaw 4860 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 461/2023

Kapil Gupta S/o Sh. Ramraj Gupta, Aged About 32 Years, At Present Lodged In Central Jail, Ajmer Through His Wife Smt. Kiran W/o Kapil Gupta, Aged About 30 Years, R/o Plot No. 12 Ganesh Nagar I Opp. Balaji Nagar Bansda Road, P.s. Harmada, Dist. Jaipur.

----Petitioner Versus

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

2. The Director General, (Jail), Jaipur.

3. The Superintendent, Central Jail, Ajmer.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Kalu Ram Bhati
For Respondent(s)          :     Mr. Anil Joshi, GA-cum-AAG with Mr.
                                 Rajat Chapparwal



           HON'BLE MR. JUSTICE ARUN BHANSALI

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

18/05/2023

1. This writ petition has been filed by the petitioner seeking

direction to the respondents to send him to Open Air Camp under

the provisions of Open Air Camp Rules.

2. It is inter-alia indicated in the petition that petitioner

approached this Court for being send to Open Air Camp by filing

D.B. Criminal Writ Petition No.324/2022, which came to be

decided on 18.10.2022. The Court directed the respondents to

consider and decide the application filed on behalf of the petitioner

for being sent to Open Air Camp within a period of two months.

3. The Committee meant for the purpose of sending the

(2 of 4) [CRLW-461/2023]

prisoners to Open Air Camp in its meeting dated 04.11.2022

considered the case of the applicant and observed that on

10.03.2022 already a decision was taken not to send the

petitioner to Open Air Camp, in view of fact that he was inter-alia

convicted under the provisions of Section 396 & 460 of IPC.

Further in view of the order passed by this Court on 18.10.2022

the matter was again considered and by observing the incident

which led to his conviction, it was indicated that as the age of the

petitioner is 32 years and in case he is sent to Open Air Camp, it

can not be denied that he can indulge himself in the same activity

again and, consequently rejected his application.

4. Learned counsel for the petitioner with reference to the

judgment of this Court in Nirbhay Singh @ Nabbu Vs. State : D.B.

Criminal Writ Petition No.38/2018, decided on 04.04.2018 wherein

provisions of Rule 3 (b) and 4 (a) of the Rules were considered

and it was laid down that the phrase "ordinarily be not eligible" do

not absolutely prohibit entitlement of the Prisoners falling in the

class enumerated in Rules 3 & 4 to be sent to Open Air Camp and

that if the applicant makes out the case that he is worthy of good

work and conduct in the prison and not having any adverse

remark, then in that case he will be entitled for Open Air Camp,

keeping in view the intention of the State, submits that the

petitioner is entitled for being sent to Open Air Camp and the

rejection of the application is based on surmises and therefore,

the same be allowed.

5. By order dated 12.05.2023 learned AAG was granted time to

produce material qua the petitioner keeping in view the

(3 of 4) [CRLW-461/2023]

parameters laid down by this Court in the case of Nirbhay Singh

(Supra).

6. Submissions have been made that the case of the petitioner

was again considered by the committee in its meeting held on

29.03.2023 and again on account of pendency of one case against

the applicant, the same was rejected. Further submissions have

been made that looking to the young age of the applicant, he may

not be sent to Open Air Camp.

7. However, a communication dated 16.05.2023 from Jailor,

Central Jail, Ajmer has been produced inter-alia indicating that the

conduct of the petitioner is satisfactory. It is further submitted

that in a pending case against the petitioner, he is on bail which

has not been cancelled.

8. We have considered the submission made by learned counsel

for the parties and have perused the material available on record.

9. The principles laid down in the case of Nirbhay Singh (Supra)

by this Court are well established wherein only on account of

conviction under prohibited provisions inter-alia Sections 396 &

460 IPC, the prisoner can not be denied opportunity to be sent to

Open Air Camp and in case, he is able to make out a case of good

work and conduct in the prison, he is entitled to be sent there.

The rejection of the petitioner's case essentially is on account of

his age and apparent surmise that he may indulge in the same

offence again, which appears to far fetch on part of the committee

looking to the report given by the Jailor that his conduct is

satisfactory.

(4 of 4) [CRLW-461/2023]

10. Looking to the facts and law laid down in the case of Nirbhay

Singh (Supra), the rejection of petitioner's prayer for being to

Open Air Camp can not be sustained.

11. Consequently, the decision contained in the minutes dated

04.11.2022 (Annex.-3) as well as meeting dated 29.03.2023 qua

the petitioner is quashed and set aside.

12. The respondents are directed to send the petitioner to Open

Air Camp in accordance with the Rules.

13. The writ petition stands disposed of.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J

14-Anshul/-

Powered by TCPDF (www.tcpdf.org)