RAYA Vs. STATE OF RAJ

JUDGEMENT

(1.) A letter has been received from a convicted prisoner, Raya, incarcerated in the Central Jail, Udaipur. The letter has been treated as a letter petition by this Court. Vide order dated 23.1.2012, this Court had appointed Mr. G.R.Bhari, as amicus curiae to argue this case on behalf of the petitioner. According to the learned counsel, the petitioner has prayed that he to be transferred from the Central Jail, Udaipur to the District Jail, Banswara as he happens to be resident of village- Vadi Khuda Bassi, Police Station Koharia, District Banswara.

(2.) However, the learned Public Prosecutor states that report has been received from the Deputy Superintendent of District Jail, Banswara dated 29.2.2012 whereby the Deputy Superintendent of District Jail, Banswara has informed this Court that the jail in Banswara is a district jail which houses either undertrial prisoner, or convicted prisoners who have been sentenced upto three years of imprisonment. According to the learned Public Prosecutor since the petitioner has been sentenced to seven years of simple imprisonment for offence under Sections 450 and 376 IPC, he cannot be housed in the District Jail at Banswara.

(3.) Heard the learned counsel for the petitioner, and the learned Public Prosecutor.