Allowed

Aadil Choudhary S/O Shri Aalam Choudhary v. State of Rajasthan

Rajasthan HC9 Jan 2025CRLW/83/2023

Case brief

AI extract

What is this about?

Prisoner challenged the Open Air Camp Committee's refusal to shift him to an open air camp on account of past absconding. Following co-ordinate bench decisions in similar matters, the High Court quashed the rejection order and directed his shift to the open air camp.

What did the court decide?

Impugned rejection order quashed; respondents directed to shift petitioner from Central Jail to Open Air Camp.

Aadil Choudhary S/O Shri Aalam Choudhary Vs State of… — Bail and Remand | Rajasthan HC (2025)

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[2025:RJ-JP:1411]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 83/2023

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Aadil Choudhary S/o Shri Aalam Choudhary, R/o Julmi Road, Ward No. 2, Suket, Police Station Suket, District Kota ( Raj.) ( At Present Confined In Central Jail Kota) Through His Father Aalam Choudhary S/o Shri Mangu Khan, Aged About 59 Years R/o Julmi Road, Ward No. 2, Suket, Police Station Suket, District Kota (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Home, Govt. Secretariat Jaipur.

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The Director General Of Prisons, Directorate Prison, Rajasthan, Jaipur.

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The Superintendent Central Jail, Kota.

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----Respondents

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For Petitioner(s)	: Mr.	Govind Prasad Rawat
For Respondent(s)	: Mr.	Jitendra Singh Rathore, PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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09/01/2025

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By way of filing of this criminal writ petition, the petitioner has assailed the order dated 16.11.2022 passed by the Open Air Camp Committee by which the application filed by the petitioner for shifting him to Open Air Camp has been rejected on the ground that the petitioner remained absconding for a certain period.

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Counsel submits that the issue involved in this petition is no more res integra as the same prayer in the case of Aatish Garg and Mahendra Saini was denied, they approached this Court by

[2025:RJ-JP:1411]

[CRLW-83/2023]

(2 of 2)

way of filing S.B. Criminal Writ Petition No.1638/2021 (Aatish Garg Vs. State of Rajasthan) decided on 23.03.2022 and S.B. Criminal Writ Petition No.82/2022 (Mahendra Saini Vs. State and Ors.) decided on 07.05.2022 and those petitions were allowed and the authorities were directed to shift them from Central Jail to Open Air Camp. Counsel submits that under these circumstances, the petitioner is also seeking the same indulgence.

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Per contra , learned Public Prosecutor has opposed the prayer made by the counsel for the petitioner. 3. Heard and considered the submissions made at bar and perused the material available on record. 4. Considering the arguments put forward by the learned counsel for the petitioner and looking to the proposition of law as laid down by the Co-ordinate Bench of this Court in the case of Aatish Garg (supra) & Mahendra Saini (supra), this Court finds no valid reason to take a different view.

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In view of the above, the instant petition stands allowed. As a consequence thereof, the impugned order qua the petitioner stands quashed and set aside. The respondents are directed to shift the petitioner from Central Jail to Open Air Camp, strictly in accordance with law.

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Stay application and all application(s), pending if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Aayush Sharma /322

Aadil Choudhary S/O Shri Aalam Choudhary v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Aadil Choudhary S/O Shri Aalam Choudhary v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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