Dismissed

Sohan Lal @ Vakta v. State of Rajasthan

Rajasthan HC14 Sept 2023CRLW/66/2023

Case brief

AI extract

What is this about?

Petitioner convicted under IPC sought transfer to Open Air Camp recommended by committee. High Court held he is ineligible under Rule 3(g) of 1972 Rules due to jail punishment received in May 2022, dismissing petition but allowing fresh application after two years.

What did the court decide?

Petitioner given liberty to move fresh application after two years from date of jail punishment.

Sohan Lal @ Vakta Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2023)

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[2023:RJ-JD:29537-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Writ Petition No. 66/2023

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Sohan Lal @ Vakta S/o Shri Vajja Muliya, Aged About 48 Years, B/c Meena, R/o Bhatiya, Police Station Danpur, District Banswara (Raj.). Through his mother Smt. Durga W/o Shri Vajja Muliya, Aged 64 Years, B/c Meena, R/o Khushalgarh, Banswara. (Presently lodged in Central Jail, Udaipur).

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----Petitioner

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Versus

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The State of Rajasthan Through Secretary, Home Department, Government of Rajasthan, Jaipur.

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The District Collector cum Magistrate, Udaipur.

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The Superintendent, Central Jail, Udaipur.

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----Respondents

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For Petitioner(s) : Ms. Laxmi Devi For Respondent(s) : Mr. Anil Joshi, AAG Mr. Rajat Chhaparwal, AAAG

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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14/09/2023

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1. This criminal writ petition has been filed on behalf of the petitioner being aggrieved with the action of the respondents for not sending him to Open Air Camp, Bichhwal, District Bikaner despite recommendation by the Open Air Camp Committee, Jaipur in its meeting dated 16.11.2022 for sending him to Open Air Camp.

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2. The petitioner was convicted and sentenced vide judgment dated 03.12.2013 passed by the Additional District and Sessions Judge No.3, Chittorgarh in Sessions Case No.19/2013 for the

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(2 of 3) [CRLW-66/2023]

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[2023:RJ-JD:29537-DB]

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offences punishable under Sections 302, 450, 201 and 404 IPC and as such he has served out around 12 years of sentence including remission period on 23.01.2023.

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3. The petitioner moved an application for sending him to Open Air Camp under the provision of Rajasthan Prisoners Open Air Camp Rules, 1972 (hereinafter to be referred as ‘the Rules of 1972’) and the Open Air Camp Committee, Jaipur in its meeting dated 16.11.2022 recommended for sending him to Open Air Camp, however, despite that he was not sent there. Hence, this writ petition.

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4. Reply to this criminal writ petition has been filed on behalf of the respondent-State, wherein it is mentioned that the petitioner is not eligible for sending him to the Open Air Camp as per Rule 3(g) of Rules of 1972 because he received jail punishment on 18.05.2022.

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5. It appears that after 16.11.2022, again the Open Air Camp Committee, Jaipur in its meeting dated 03.02.2022 recommended for sending the petitioner to the Open Air Camp.

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6. Rule 3(g) of Rules of 1972 reads as under :-

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“(g) Prisoners whose conduct in the jail is not good provided that a prisoner who would have not received any jail punishment for two years preceding the date of the recommendations of his name for admission to the Open Camp may be considered eligible.”

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7. It is not in dispute that the petitioner received jail punishment on 18.05.2022 and in such circumstances, we are of the view that as per Rule 3(g) of the Rules of 1972, the petitioner is not eligible for admission to the Open Air Camp.

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(3 of 3)

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[CRLW-66/2023]

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[2023:RJ-JD:29537-DB]

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8. In view of the above, we don’t find any merit in this criminal writ petition and the same is hereby dismissed.

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9. However, the petitioner is at liberty to move a fresh application for sending him to Open Air Camp after completion of two years period from the date he received jail punishment.

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(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J

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Abhishek Kumar S.No.36

Sohan Lal @ Vakta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sohan Lal @ Vakta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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