Rajasthan High Court - Jodhpur
Sandeep Singh vs State Of Rajasthan on 9 September, 2022
Bench: Vijay Bishnoi, Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 236/2022
Sandeep Singh S/o Sh. Dungar Singh, Aged About 45 Years, At
Present Lodged In Dist. Jail, Tonk Through His Wife Smt. Beby
Kanwar W/o Sh. Sandeep Singh, Age About 38 Years, R/o W.no.
8, Mantriyo Ke Kuye Ke Pas, P.s. Taranagar, Dist. Churu.
----Petitioner
Versus
1. State Of Rajasthan, Home Dept., Jaipur.
2. The Director General (Jail), Jaipur.
3. The Distrct Collector, Churu.
4. The Dy. Superintendent, Dist. Jail, Tonk.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG assisted
by Mr. Pallav Sharma
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE FARJAND ALI Order 09/09/2022 The application filed by the convict-prisoner for sending him in the open air camp has been rejected by the concerned committee on the ground that he is convicted for the offence under Section 460 IPC and three other criminal cases are pending against him.
Learned counsel for the petitioner has submitted that only two criminal cases were pending against the petitioner and in both the cases, he has acquitted. It is also submitted that out of the ten years of sentence for the offence under Section 460 IPC, the petitioner has already served out sentence of 9 years, 7 months (Downloaded on 09/09/2022 at 09:39:33 PM) (2 of 2) [CRLW-236/2022] and 28 days till 05.07.2022. It is also submitted that there is no absolute bar in sending a prisoner to Open Air Camp where he or her is convicted for the offence punishable under Section 460 IPC.
Learned AAG has opposed the writ petition, however, he is not in a position to dispute the fact that in other two criminal cases, the petitioner has already been acquitted.
Taking into consideration the above facts and circumstances of the case and keeping in view the fact that the petitioner has already been acquitted in other two criminal cases and he has served out sentence of around nine years and ten months, we deem it appropriate to direct the concerned committee to reconsider the case of the petitioner for sending him in open air camp.
It is expected that the concerned committee shall take the decision expeditiously, preferably within a period of two months from the date of passing of this order.
The writ petition is disposed of accordingly.
(FARJAND ALI),J (VIJAY BISHNOI),J
49-mohit/-
(Downloaded on 09/09/2022 at 09:39:33 PM)
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