Partly allowed

Bagda Ram v. State of Rajasthan

Rajasthan HC21 Apr 2023CRLW/25/2023

Case brief

AI extract

What is this about?

The High Court held that the Director General (Prisons) erred in rejecting the petitioner's Open Air Camp application solely due to a pending criminal case. The Court directed the authorities to reconsider the application within four weeks.

What did the court decide?

Directed the Director General (Prisons), Rajasthan to reconsider the petitioner's Open Air Camp application within four weeks.

Bagda Ram Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2023)

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[2023/RJJD/011428]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 25/2023

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Bagda Ram S/o Sh. Happu Ram, Aged About 55 Years, At Present Lodged In Central Jail Jodhpur Through His Wife Smt. Dhapu Devi W/o Sh. Bagda Ram, Age About 52 Years, R/o Vill. Phinch, P..s Luni, Dist. Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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The Director General (Jail), Jaipur.

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The Dist. Collector, Jodhpur.

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The Superintendent, Central Jail, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Kaluram Bhati For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG assisted by Mr. Pallav Sharma

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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21/04/2023

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This writ petition is filed by the petitioner being aggrieved with the decision of the Open Air Camp Advisory Committee dated 16.11.2022, whereby the application filed by the petitioner for sending him to Open Air Camp, Jodhpur has been rejected on the ground of pendency of another criminal case against the petitioner and, as such, he cannot be sent to the open air camp.

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Learned AAG has submitted that the Committee in its meeting has specifically mentioned that since one criminal case is pending against the petitioner, he is not entitled for sending to the Open Air Camp.

[2023/RJJD/011428]

[CRLW-25/2023]

(2 of 2)

Learned counsel for the petitioner has submitted that earlier the Director, (Prisons), Rajsthan, Jaipur has sent the prisoners to Open Air Camp despite the fact that another criminal case is pending against them. Learned counsel has placed reliance on the minutes of the meetings dated 11.04.2019, 12.04.2019 and 15.04.2019 prepared by the Director General, Prisons Rajasthan, Jaipur and pointed that at serial No.258, there is mention of prisoner Kundan and in the remarks, it is clearly mentioned that in another case he is on bail, but his case was recommended for sending him to Open Air Camp.

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Learned AAG is not in a position to dispute the said fact. Taking into consideration the above facts that circumstances of the case, this Court is of the opinion that the Director General, (Prisons) has erred in rejecting application filed by the petitioner for sending him to Open Air Camp vide order dated 16.11.2022.

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Hence, this Court deems it proper to direct the Director General (Prisons), Rajasthan, Jaipur to reconsider the application filed by the petitioner for sending him to Open Air Camp, Jodhpur at the earliest, preferably within a period of four weeks from the production of certified copy of this order. The Criminal Writ Petition is disposed of accordingly.

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(MANOJ KUMAR GARG),J

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126-MS/-

Bagda Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bagda Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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