Allowed

Arjun Ram v. State of Rajasthan

Rajasthan HC6 Apr 2022CRLW/40/2022

Case brief

AI extract

What is this about?

A criminal petitioner, serving life imprisonment, sought transfer to an Open Air Camp after being recalled due to an alleged escape and unstable mental status. The High Court noted a Medical Board found him conscious and suffering from psychosis, not culpably escaping, allowing the writ petition and quashing the order denying his release to the camp.

What did the court decide?

Writ petition allowed; order dated 03.12.2020 quashed; convict directed to be sent to Open Air Camp, Nagaur.

Arjun Ram Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Criminal Writ Petition No. 40/2022

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Arjun Ram S/o Shri Baksa Ram, Aged About 47 Years, At Present Lodged In Central Jail Ajmer Through His Wife Smt. Kamdori W/o Shri Arjun Ram, Aged About 45 Years, R/o Village Liliya P.s. Merta City, District Nagour.

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----Petitioner

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Versus

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State Of Rajasthan, Dept. Of Home, Rajasthan, Jaipur.

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The Director General Jail, Jaipur.

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The Superintendent, Central Jail, Ajmer.

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----Respondents

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

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI

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Order

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06/04/2022

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The instant writ petition has been preferred by convictprisoner Arjun Ram S/o Shri Baksa Ram through his wife Smt. Kamdori seeking issuance of direction to the authorities to send the convict-prisoner to the Open Air Camp under the Rajasthan Prisoners Open Air Camp Rules, 1972.

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Briefly stated the facts of the case are that the convictprisoner Arjun Ram was convicted for the offence under Section 302 of the IPC and is suffering life imprisonment. In due course, earlier he was sent to the Open Air Camp, Bichhwal, District Bikaner to serve out the remaining sentence. One fine morning i.e. on 04.09.2020, he escaped from the Open Air Camp without informing the authorities concerned and reported back to them after two days. Considering the undisciplined conduct of the

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(2 of 3)

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[CRLW-40/2022]

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convict-prisoner, he had been sent back to the jail premises, where he has served further two years imprisonment and now, he has moved the instant application for sending him to the Open Air Camp, but the same is still pending before the authorities concerned.

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Shri Anil Joshi, learned AAG has placed reply on record. It is contended therein that in compliance to the order dated 22.06.2019 passed by the Director General (Prisons), Jaipur, the convict-prisoner had been sent to the Open Air Camp, Bichhwal, District Bikaner. On 05.09.2020, it was informed by the Incharge concerned that the convict-prisoner was not present in the Open Air Camp and thus it was ordered that an FIR to this effect be lodged. It is further contended that the convict-prisoner had appeared in the intervening night of 04th-05th September, 2020 thus, the order for lodging FIR had been withdrawn. It is specifically contended that the prisoner does not keep sound mental status, therefore, vide order dated 03.12.2020, passed by the Director General (Prisons), Jaipur convict-prisoner was sent back to the Central Jail, Ajmer.

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This Court vide order dated 10.03.2022 directed the learned AAG to instruct the authorities concerned to get the physical and medical examination of the convict-prisoner through a Medical Board at JLN Medical College & Hospital, Ajmer.

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In compliance of the order dated 10.03.2022, the learned AAG has submitted a report on record as per which, medical examination of the convict-prisoner was conducted by a duly constituted Medical Board, JLN College & Hospital, Ajmer. As per the report of the Board, the convict-prisoner has been found conscious, cooperative, oriented to time, place and person, well

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(3 of 3)

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[CRLW-40/2022]

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clad, kempt and looks appropriate to his stated age. No abnormality in gait is noted. As per the opinion of the Board, the convict-prisoner has been found to be suffering from psychosis not otherwise specified. In clinical examination, no abnormality has been found or detected.

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Though, the convict-prisoner was reported to remain absent in the Open Air Camp, Bichhwal, District Bikaner but it is also not disputed that he turned back at his own, this may be a case of overstaying and the same cannot in any manner, be termed as ‘ escaping from jail or have attempted to escape from a lawful custody’ . Possibly, at the relevant time, his mental condition was not stable and for that reason, he failed to remain present during the evening call held in the Open Air Camp. After this incident, he had been sent to the Central Jail, Ajmer and after lapse of almost two years, he has preferred the instant application seeking direction to send him to Open Air Camp.

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In this background, we are of the firm opinion that the findings recorded by the Medical Board goes in favour of the convict-prisoner, therefore, there is no ground to deny his prayer for sending him to Open Air Camp.

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Accordingly, the writ petition deserves acceptance and is hereby allowed. The order dated 03.12.2020 passed by the Director General (Prisons), Jaipur is hereby quashed and set aside. It is hereby ordered that convict-prisoner Arjun Ram shall be sent back to the Open Air Camp, Nagaur.

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(FARJAND ALI),J

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(SANDEEP MEHTA),J

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15-Mamta/-

Arjun Ram v. State of Rajasthan

Case brief

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Arjun Ram v. State of Rajasthan

Case brief

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