Rajasthan High Court - Jodhpur
Roop Singh @ If Singh @ Dal Singh vs State on 21 February, 2019
Bench: Sandeep Mehta, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writs No. 295/2018
Roop Singh @ If Singh @ Dal Singh S/o Sh. Ghasi Singh, Aged
About 34 Years, B/c Chadana Rajput, R/o Vill. Guda, Sirohi Ki
Bhagal, P.s. Khamnaur, Dist. Rajsamand (Petitioner Is Presently
Lodged In Central Jail, Udaipur And Avail The 3Rd Parole From
21-7-2018 To 29-08-2018)
----Petitioner
Versus
1. State, Through Home Secretary, Home Department,
Group 12, Jaipur.
2. The Director General Of Prisons, Jaipur
3. The Superintendent, Central Jail,
----Respondents
For Petitioner(s) : Mr. Shambhoo Singh
For Respondent(s) : Mr.Farzand Ali, AAG-cum-GA
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 21/02/2019 The instant writ petition has been preferred on behalf of the convict petitioner Roop Singh @ If Singh @ Dal Singh S/o Shri Ghasi Singh with a prayer that the Prison authorities may be directed to consider his case for being sent to the Open Air Camp.
The petitioner is undergoing sentence of life imprisonment at the Central Jail, Udaipur upon having been convicted and sentenced by learned Addl. Sessions Judge, Nathdwara in Sessions Case No.11/2010 for offences under Sections 302/34, 201, 392 and 397 IPC vide judgment dated 11.12.2014. The petitioner (2 of 3) [CRLW-295/2018] claims that having served sentence of about 8 Years and 11 Months, he has become entitled for consideration to be sent to Open Air Camp but the respondents have not considered his case in right perspective whereas two other convicts viz. Gulab S/o Shri Ram Chandra and Imran S/o Shri Nasaruddin were given the same benefit.
Notices of the writ petition were served upon the respondents who have filed a detailed reply to the writ petition. In such reply, it has been categorically asserted that the petitioner has been convicted and sentenced for the offences under Sections 392 & 397 IPC which are under the restricted category of offences provided under Rule 3(d) of the Rajasthan Prisoners Open Air Camp Rules, 1972 and thus, he is not entitled to be considered for being sent to Open Air Camp.
Considering the fact that similarly situated prisoner Udai Singh was inadvertently sent to Open Air Camp because by clerical mistake, the offence under Section 392 IPC was not mentioned in his nominal roll, later on, the order whereby the said prisoner Udai Singh was sent to Open Air Camp has been withdrawn in the meeting held for this purpose on 15.01.2019 followed by communication dated 17.01.2019.
Shri Shambhoo Singh, learned Counsel representing the petitioner relied upon a Division Bench judgment of this Court in the case of Babulal @ Babudia vs State of Rajasthan & Ors. :
2013 (4) WLC (Raj.) 723 and the opening words of Rule 3 of the Rules of 1972 which stipulates that designated classes of (3 of 3) [CRLW-295/2018] prisoners shall "ordinarily" be not eligible for being sent to Open Camp. As per clause 3(d), the prisoners who have been convicted for various offences including those from Sections 392 to 402 have been classified as those who are not ordinarily eligible for being sent to Open Camp. The term "Ordinarily" was considered in the case of Babulal @ Babudia (supra) wherein the Court observed that ordinarily does not mean necessarily and thus, the prisoners even though convicted for the restricted category of offences cannot be absolutely barred from consideration for being sent to Open Camp. Similar interpretation was given to Rule 3 of the Rules of 1958 in the case of Rafiq Vs State of Rajasthan & Anr. (D.B. Criminal Parole Writ Petition No.327/2012).
In view of the fact that in identical matters, this Court has interpreted the word "Ordinarily" as "not necessarily', we hereby direct that the respondent authorities shall re-consider the case of the petitioner for being sent to Open Camp as per law by passing a reasoned order within a reasonable time frame. With these observations and directions, the writ petition is disposed of.
(VINIT KUMAR MATHUR),J (SANDEEP MEHTA),J
21-1/-
Sudhir Asopa
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