SHAMBHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is filed by the petitioner with a prayer to issue direction to the respondents for sending him to Open Air Camp, Udaipur. It is averred in the petition that the petitioner is eligible for sending to Open Air Camp as per the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short 'the Rules of 1972')and he is not suffering from any ineligibility as provided in Rule 3 of the Rules of 1972.

(2.) Reply to the writ petition is filed on behalf of the State, wherein, it is mentioned that as on 13/1/2023, the petitioner has served total sentence of 9 years 4 months and 17 days. It is also mentioned in the reply that case of the petitioner for sending him to Open Air Camp was sent to the Director General, (Prisons), Rajasthan, Jaipur and therefore was placed before the Open Air Camp Committee (for short 'The Committee'), however the Open Air Camp committee, in its meeting dtd. 8/12/2022, has found that besides the present case, another Case No.79/2014 is pending against the petitioner in the ADJ Court, Udaipur in which, he was on bail and, therefore, he was not found eligible for sending to Open Air Camp.

(3.) Learned AAG has submitted that the Committee in its meeting has specifically mentioned that since one criminal case is pending against the petitioner in which he is on bail he is not entitled for sending to the Open Air Camp.