KAILASH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by petitioner praying for a direction to respondents to transfer him from Central Jail, Jaipur, to Open Air Camp Sanganer, Jaipur.

(2.) PETITIONER is serving sentence of life imprisonment in Central Jail, Jaipur, consequent upon his conviction and sentence by Special Judge, Court of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Cases, Sikar, vide judgment dated 29.11.2008 in Sessions Case No. 272/2006, for offence under Sections 302, 392/34 and 201 of the Indian Penal Code (for short, 'the IPC') and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities). Aggrieved thereby, petitioner preferred D.B. Criminal Appeal No. 114/2009 before this Court, which is pending adjudication.

(3.) PETITIONER submitted an application before concerned jail authority for his transfer to open air jail but the same was rejected observing that ordinarily convicts under Sections 392 of the IPC are ineligible for admission to open air camp under R. 3(d) of the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short, 'the Rules of 1972') and therefore he is not entitled to be transferred to open air camp.