Rajasthan High Court - Jodhpur
Subhash @ Papiya vs State Of Rajasthan ... on 3 October, 2023
Bench: Arun Bhansali, Rajendra Prakash Soni
[2023:RJ-JD:32125-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 1209/2023
Subhash @ Papiya S/o Shri Ganpat Ram, Aged About 57 Years, At
Present Lodged In Central Jail Bikaner Through His Wife Smt.
Laxmi W/o Shri Subhash @ Papiya Aged About 51 Years R/o
Sereka Tehsil Tibbi Ps Tibbi Dist. Hanumangarh
----Petitioner
Versus
1. State of Rajasthan through Secretary of Home Depart. Jaipur
2. The Director General (Jail), Jaipur
3. The Distt. Collector, Hanumangarh
4. The Superintendent Central Jail, Bikaner
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati.
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG with
Mr. Rajat Chhaparwal.
HON'BLE MR. JUSTICE ARUN BHANSALI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
03/10/2023
1. This petition has been filed by the petitioner seeking a
direction to the respondents to sent him to Open Air Camp.
2. Submissions have been made that the petitioner was initially
convicted by the Court of Additional District & Sessions Judge,
Fast Track No.1, Hanumangarh, on 26.9.2011. Whereafter, during
pendency of his appeal before this Court, he was sent to Open Air
Camp.
3. By judgment dated 18.7.2016, the appeal of the petitioner
was partly allowed by this Court and he was released from the
Open Air Camp. However, by judgment dated 30.11.2021, the
judgment of the High Court dated 18.7.2016 was reversed by
Hon'ble Supreme Court and petitioner was directed to surrender
before the trial court and to undergo remaining period of his
[2023:RJ-JD:32125-DB] (2 of 3) [CRLW-1209/2023]
sentence. Since then, the petitioner is in custody and, therefore,
he may be again sent back to Open Air Camp.
4. The prayer made by the petitioner was rejected by the
Committee on 3.2.2023 on account of pendency of one more case
against the petitioner. It is submitted that only on account of
pendency of one more case against the petitioner, the prayer to
send to Open Air Camp cannot be rejected as in the said case, the
petitioner has already been accorded bail by the competent court
and, therefore, the respondents be directed to send the petitioner
to Open Air Camp.
5. Learned AAG made submissions that Hon'ble Supreme Court
by its judgment dated 30.11.2021 had required the petitioner to
surrender within a period of six weeks, however, in compliance
thereof, the petitioner did not surrender and only when he was
arrested in connection with another FIR on 20.4.2022, that he has
been lodged under the directions of Hon'ble Supreme Court.
6. It is submitted that the petitioner on account of his conduct
is not entitled to be sent to Open Air Camp as even during the
period when he was released under the orders of the High Court,
he has indulged in criminal activities and, therefore, the petition
deserves dismissal.
7. We have considered the submissions made by learned
counsel for the parties and have perused the material available on
record.
8. It is apparent that despite the fact that Hon'ble Supreme
Court directed the petitioner to surrender within a period of six
weeks on 30.11.2021, the petitioner remained absconding and did
not surrender and ultimately when he was apprehended in another
[2023:RJ-JD:32125-DB] (3 of 3) [CRLW-1209/2023]
FIR on 20.4.2022, the compliance of the directions of Hon'ble
Supreme Court was just enforced and the same was not voluntary.
9. In view thereof, at this stage, we are not inclined to accept
the prayer of the petitioner for being sent to Open Air Camp. He
has to conduct himself appropriately in custody and then he would
be free to approach the authorities again after one year.
10. With the above observations, the petition stands disposed of.
(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J
35-Sumit/-
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