GAJJA RAM Vs. STATE

JUDGEMENT

(1.) These writ petitions preferred by the writ petitioners, life convicts, aggrieved by decision of Prisoners Open Air Camp Advisory Committee ('the Committee') in refusing to recommend their transfer to Open Air Camp, under the provisions of Rajasthan Prisoners Open Air Camp Rules, 1972 ('the Rules').

(2.) The petitioner-Gajja Ram was convicted for offence under Sec. 302 IPC and sentenced to suffer life imprisonment. The petitioner was extended first parole for a period of 20 days from 22/7/9 to 10/8/9. After expiry of the period of parole, he did not surrender and absconded. Thereafter, he was arrested on 30/6/16 i.e. after lapse of about 6 years and 10 months. On account of breach of condition during the first parole, the petitioner could not avail second and third parole under Rule 9 of Rajasthan Prisoners Release on Parole Rules, 1958 ('the Rules of 1958') but he was extended benefit of parole for 7 days and thereafter, for 15 days under Rule 18 of the Rules of 1958. The petitioner made an application for transfer to Open Air Camp under the Rules of 1972, which stands rejected by the Committee observing that since the petitioner had absconded during the first parole, by virtue of inhibition contained in Rule 3 (c) of the Rules of 1972, he is not entitled for transfer to Open Air Camp.

(3.) Similarly, the petitioner-Joshnath, who is undergoing sentence of life imprisonment on being convicted for offences under Ss. 460, 302, 307, 326, 324 IPC, has also been denied the benefit of transfer to Open Air Camp inasmuch as, after availing the first parole for a period of 20 days from 9/6/15 to 28/6/15, he did not surrender and was lodged in jail after arrest on 25/7/17.