Rajasthan High Court - Jodhpur
Nirbhay Singh @ Nabbu vs State & Ors on 4 April, 2018
Bench: Chief Justice, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ No. 38 / 2018
Nirbhay Singh @ Nabbu s/o Kanhaiya Lal
----Petitioner
Versus
1. State of Rajasthan through Secretary, Home, Jaipur
2. Collector, Indore (M.P.)
3. Superintendent, Central Jail, Bikaner
----Respondents
_____________________________________________________
For Petitioner(s) : By post
For Respondent(s) : Mr. Hanuman Singh Gour on behalf of
Mr. S.K. Vyas, AAG
_____________________________________________________
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 04/04/2018
1. The writ petitioner is suffering life sentence on being convicted for having committed offences punishable under various Sections of the I.P.C., including Section 396.
2. As per rules concerning lodging life convicts in open air jails, vide Rule 3 it is provided that classes of prisoners enlisted in Rule 3 shall 'ordinarily be not eligible' for being sent to open air camps. Treating this to be a bar to send the petitioner in the open air camp his application has been rejected.
3. Suffice it to highlight that the rule in question does not absolutely prohibit entitlement of prisoners falling in the class enumerated in Rule 3 to be sent to open air camps. It simply (2 of 2) [CRLW-38/2018] states that 'ordinarily' such prisoners would not be eligible to be sent to open air camps. Meaning thereby, the State is to consider each case of the applicant and if the applicant makes out a ground to take him out from the scope of 'ordinarily be not eligible', the authority would be obliged to lodge the prisoner in open air jail.
4. Thus, we dispose of the petition setting aside the decision to not even consider the petitioner's case to be sent to the open air jail. The appropriate authority shall apply its mind and take a decision within two months from today.
(VINIT KUMAR MATHUR)J. (PRADEEP NANDRAJOG)CJ. Mohit Tak