SHYOJI Vs. STATE

JUDGEMENT

(1.) AT request, matter was finally heard at admission stage. Instant petition has been filed by five convict-prisoners with the grievance that their case has not been considered by respondents for transfer to Open Jail in terms of R. 6 of rajasthan Prisoners Open-Air Camp Rules, 1972, (Rules, 1972 ). It has been informed to this court that petitioners-3 (Bhojraj) and No. 5 (Nandji) both have been released after having completed their sentences.

(2.) FROM material on record it appears that each of petitioners was convicted and sentenced to ten years' RI with a fine of Rs. One lac (in default, further 2 years' RI), for offences U/s 8/18 and 8/21 of the NDPS Act by trial Court; in pursuance whereof, except petitioner No. 2 (Smt. Sajna) other petitioner No. 1 and 4 are undergoing their sentences in Central Jail, Jodhpur while she is serving out her sentence in Central Jail (Mahila) Jaipur.

(3.) ONLY submission made by Counsel for petitioners is that Prabhulal and his wife Smt. Kalyani) who were co-accused and convicted in same FIR registered against them were sent on transfer to Open-Air Camp in terms of R. 6 of rules, 1972 while no justification has been forwarded as to why different standards have been adopted qua present petitioners.