GAJJA RAM Vs. STATE

JUDGEMENT

(1.) This Larger Bench has been constituted under the orders of Hon'ble The Chief Justice for answering the following question:-

(2.) A Division Bench of this Court in Yogesh Kumar Devangan vs. State and Ors. (DB Cr.WP No.541/2019) decided on 6/10/2020, while dealing with the provisions of Rule 3(c) of the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short 'the Rules of 1972'), has considered the case of a prisoner, whose request for sending him to Open Air Camp has been rejected by the Prisoners Open Air Camp Advisory Committee (for short 'the Advisory Committee') on the ground that after completion of regular parole of 20 days, the prisoner did not report to the concerned Jail Superintendent and absconded and as such by the mandate of Rule 3(c) of the Rules of 1972, he is not entitled to be shifted to Open Air Camp. The Division Bench, in the above referred case, has taken a view that such act of the prisoner of not reporting to the Jail Authorities on completion of his parole cannot be equated with the case of the prisoners, who have escaped from the jails or have attempted to do so and also held that the Rule 3(c) of the Rules of 1972 cannot be taken up as an absolute bar and it is upon the Advisory Committee to consider the application after due application of mind on merits.

(3.) Another Division Bench of this Court in the present case is not agreeable to the view taken by the Division Bench of this Court in Yogesh Kumar Devangan vs. State and Ors. (supra) and opined that if a prisoner, released on parole, does not surrender before the Jail Authorities on completion of parole period, it would amount to escaping from the lawful custody and thus, ordinarily be not eligible to be transferred to Open Air Camp on account of inhibition contained in Rule 3(c) of the Rules of 1972. The Division Bench in this case, therefore, requested Hon'ble The Chief Justice to refer the above question for consideration by a Larger Bench.