RAMGOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the pending D.B. Criminal Appeal No. 289/85 (Ramgopal v. The State) this application Under Section 482, Cr. PC has been made in which it has been prayed that the appellant Ramgopal may be transferred from Central Jail, Jaipur to Sewar Jail, Bharatpur.

(2.) THE grounds for transfer of the accused -appellant are that the appellant is suffering from leprosy for over 10 years and is in need of constant treatment. His wife is the only responsible member of the family and she is unable to take trips to Jaipur due to long distance. That apart, it takes two days to travel, if she is to meet the appellant in the Central Jail at Jaipur. She cannot be away from Bharatpur for so long leaving behind young children all by themselves. The pension which is payable to the appellant has not been paid to him ever since his arrest, i.e. June, 1982, and thus the family has been deprived of the income, and on this ground also the wife of the applicant is unable to take trips to Jaipur on account of there being no finances' with her.

(3.) IN the instant case, as the accused -appellant has three children, all minors, and his wife resides in Bharatpur District, in our opinion it will be in the interest of justice if during the pendency of this appeal, the accused -appellant Ramgopal is transferred and kept in Sewar Jail Bharatpur. The IG Prisons is directed to transfer the accused -appellant Ramgopal from Central Jail, Jaipur to Sewar Jail, Bharatpur till further orders from this Court.