STATE OF RAJASTHAN & ORS Vs. BHAGWAN

JUDGEMENT

(1.) WE have heard learned counsel appearing for the State of Rajasthan.

(2.) THIS Special Appeal arises out of the judgment of learned Single Judge, dated 23.01.2015, by which he has allowed S.B. Civil Writ Petition No.14658/2014 - Shribhagwan Vs. State and Ors., setting aside the decision of the Committee, set up under the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short, 'the Rules of 1972'), rejecting the application of the petitioner for his transfer to an Open Air Camp, on the ground that ordinarily convicts under Section 394 IPC, are ineligible for admission to open air camp.

(3.) THE petitioner, who is respondent before us, is serving the sentence of Life Imprisonment in Central Jail, Bharatpur, on his conviction and sentence by the Additional District Judge(Fast Track) No.2, Karauli, vide judgment dated 01.04.2009, in Sessions Case No.31/2008 for the offence under Sections 302 read with 34, 394, 342 IPC, and Section 3/25 of the Arms Act. A criminal appeal, filed by the convict, is pending adjudication in the High Court.