PRABHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This parole petition is filed by the petitioner being aggrieved with the decision of the Prisoner Open Air Camp Advisory Committee (hereinafter to be referred as Rs. .00the Committee') dtd. 31/7/2023, whereby the application filed by the petitioner for sending him to the open air camp has been rejected.

(2.) The Committee has assigned reason for rejection of the petitioner's application is that he has been convicted for the offence under Sec. 406 I.P.C. along with other offences by the Criminal Court.

(3.) Learned Counsel for the petitioner has argued that though Clause (d) of Rule 3 of the Rajasthan Prisoner Open Air Camp Rule, 1972 (hereinafter to be referred as Rs. .00the Rule of 1972') defines ineligibility for admission to open air camp, but it is to be noted that in Rule 3 of the Rule of 1972, the word Rs. .00ordinarily' is used which suggests that bar imposed on the transfer of the prisoners falling in the categories specified under Clauses (a) to (m) of the Rule 3 of the Rules of 1972 is not absolute. It is submitted that the Committee is under an obligation to apply its mind and any mitigating circumstances has to be taken into consideration before deciding the application of a prisoner for sending him to the open air camp.