RADHEY SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two parole petitions, essentially made with the prayer for consideration of the case of the concerned prisoner for being transferred to Open Air Camp, being related to the persons who have been convicted in the same case and involving similar nature questions, have been considered together; and are taken up for disposal by this common order.

(2.) THE petitioners herein have been convicted for offences under Sections 396, 302, 395, 397, 458, 459, 460, 380, 323, 324, 325, 326, 120B 148 IPC and Section 8/18 of the NDPS Act by the Special Judge, NDPS Cases, Pratapgarh in the judgment and order dated

(3.) HOWEVER, we make it clear that dismissal of the petitions shall not be of any impediment for the prisoner concerned in applying for transfer to Open Air Camp afresh but, only after stating the specific reasons for consideration of his case as being of exceptional nature so as to be shifted to Open Air C& and upon making of such application, it shall always be permissible for the authorities to examine as to whether any exceptional case is made out for transfer of the prisoner concerned to the Open Air Camp.