MAKHAN LAL @ MAKHANIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT petition has been filed by the petitioner who is serving life sentence in Central Jail, Jaipur. He was convicted and sentenced by the Ld. Additional Sessions Judge (Fast Track) No.1, Tonk vide judgment dt.12.8.2004 in Sessions Case no.3/2003 u/Sec. 302, 396 IPC, against which the petitioner preferred DB Cr. Appeal no.251/2005 which has been dismissed vide order dt.29.4.2011 and no special leave to appeal was filed by him against the impugned judgment.

(2.) AS alleged in the petition and also corroborated from the nominal roll placed by the Superintendent, Central Jail, Jaipur dt.28.8.2013 on record as Ann.R/2, the petitioner has undergone sentence of 17 years 4 months 8 days and his conduct also found to be satisfactory.

(3.) COUNSEL for petitioner submits that the respondent could not be held justified in rejecting his application solitary on the ground that he has been convicted for offence u/S.396/397 IPC and further submits that his jail conduct being satisfactory and fulfilled all the conditions of eligibility for admission to open air camp as contemplated under R.4 of the Rules 1972, the decision of the Committee in rejecting his application by a non speaking order is arbitrary and deserves to be quashed and the respondent may be directed to send him to open air camp under the Scheme of Rules 1972. Counsel for respondent, on the other hand, submits that apart from his conviction u/S.396 IPC which ordinarily may not consider him ineligible after the judgment of this Court but certain additional factors are always to be kept in mind while taking decision. In the instant case the Committee primarily was of the view that nothing additional has been attributed in his performance which may consider his case for admission to open air camp and further submits that transfer of convict prisoner from jail to open air camp is discretionary which lies with the respondent and can consider the convict for admission if sufficient accommodation is available in open air camp.