Writ petition for Open Air Camp. Court found Director General of Prisons erred in rejecting application despite rule supporting transfer while on bail. Directed reconsideration.
Directive to Director General, (Prisons), Rajasthan, Jaipur to reconsider petitioner's application for transfer to Open Air Camp within four weeks.
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[2023/RJJD/004067]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Writ Petition No. 28/2023
Shambhu Lal S/o Sh. Nathu Rebari, Aged About 30 Years, B/c Raberi, At Present Lodged In Central Jail, Udaipur Through His Father Sh. Nathu Rebari S/o Sh. Hamal Ji Age About 56 Years, R/ o Vill. Ladiyo Ka Kheda, Pratapgarh, P.s. Udaipur, Dist. Udaipur.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Kalu Ram Bhati |
|---|---|
| Mr. Sunil Dutt Chavariya | |
| For Respondent(s) | : Mr. Anil Joshi, AAG |
| Mr. Pallav Sharma,AAAG |
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
06/02/2023
This writ petition is filed by the petitioner with a prayer to issue direction to the respondents for sending him to Open Air Camp, Udaipur. It is averred in the petition that the petitioner is eligible for sending to Open Air Camp as per the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short ‘the Rules of 1972’)and he is not suffering from any ineligibility as provided in Rule 3 of the Rules of 1972.
Reply to the writ petition is filed on behalf of the State, wherein, it is mentioned that as on 13.01.2023, the petitioner has served total sentence of 9 years 4 months and 17 days. It is also
(2 of 3)
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mentioned in the reply that case of the petitioner for sending him to Open Air Camp was sent to the Director General, (Prisons), Rajasthan, Jaipur and therefore was placed before the Open Air Camp Committee (for short ‘The Committee’), however the Open Air Camp committee, in its meeting dated 08.12.2022, has found that besides the present case, another Case No.79/2014 is pending against the petitioner in the ADJ Court, Udaipur in which, he was on bail and, therefore, he was not found eligible for sending to Open Air Camp.
Learned AAG has submitted that the Committee in its meeting has specifically mentioned that since one criminal case is pending against the petitioner in which he is on bail he is not entitled for sending to the Open Air Camp.
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 in which they are on bail. 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.
Learned AAG is not in a position to dispute the said fact. Taking into consideration the above facts that circumstances of the case, we are 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 08.12.2022.
(3 of 3)
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Hence we deem 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, Udaipur 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.
(YOGENDRA KUMAR PUROHIT),J
(VIJAY BISHNOI),J
18-nitin/-
1 issue framed by the court
Whether a prisoner having a pending bail case is eligible for Open Air Camp as per Rajasthan Prisoners Open Air Camp Rules, 1972.
Shambhu Lal
State Of Rajasthan
VIJAY BISHNOI
YOGENDRA KUMAR PUROHIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
