MANISH DIXIT Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The petitioner in this case has objected to hand-cuffing him at the time of taking him to the courts and bringing back from the court and while going to the hospital. There is no allegation in the petition that while he was inside the court then he was kept hand-cuffed. On behalf of the respondent, Shri S.R. Yadav, attention has been drawn to Rule 17 of the Rajasthan Prisoners (Attendance in Courts) Rules, 1956 which says that a convicted prisoner shall not be hand-cuffed, unless there is a reasonable expectation, either from the heinous nature of the crime with which he is charged or from his character or behaviour that such person will use violence or will attempt to escape or that an attempt will be made to rescue him. The circumstances have been given in reply to that two cases are pending against the petitioner and in one case relating to F.I.R. No. 104/94, at the time when the police party wanted to arrest him, the petitioner took out a revolver from his pocket and wanted to fire at police party but was over- powered and arrested, revolver and cartidges were also recovered from him. Considering the circumstances, it cannot be said that the petitioner can be said to be a person who should not be hand-cuffed while going from jail to Court or to hospital and coming back. The practical aspect of the matter has also be considered four constables cannot be attached to each prisoner while carrying them from hail to the court and hand-cuffing is essential because there is every chance of his escaping or attempt to escape. Under the circumstances, we do not see that the accused was hand-cuffed against the rules. The petition is thus, disallowed. Petition disallowed.