STATE OF RAJ & ANR Vs. DURGA LAL

JUDGEMENT

(1.) This writ appeal is directed against the order dated 05.02.2015 passed by the learned Single Judge of this High Court whereby he has allowed respondent's S.B.Civil Writ Petition No.14528/2014. By the aforesaid order, the appellants have been directed to consider the case of the respondent for admission to Open Air Camp.

(2.) The respondent is serving sentence of life imprisonment in the Central Jail, Jaipur pursuant to his conviction for offence under Section 376(2)(h)/114 IPC vide judgment dated 22.11.2006 in Sessions Case No.56/2006 by the Additional District Judge (Fast Track), Jaipur City, Jaipur.

(3.) The respondent after completing more than ten years of imprisonment filed an application for admitting him to Open Air Camp under Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short, 'the Rules of 1972'). The application was rejected only on the ground that Rule 3 of the Rules of 1972 provides for certain classes of prisoners, who shall ordinarily be not eligible for being sent to an Open Air Camp. The following categories of persons have been ordinarily made ineligible for admission to an Open Air Camp:-