- (1.) THE petitioner, Jairam Das @ Ramji, has approached this Court with a limited prayer that the respondents should be directed to consider his case for being transferred from the Central Jail, Jaipur to an Open Air Camp.
(2.) BRIEF facts of the case are that the petitioner was involved in a criminal case for offences under Sections 302 and 201 IPC. Subsequently, he was convicted and sentenced by the Additional Sessions Judge(Fast Track) No.2, Jaipur City, Jaipur by judgment dated 06.12.2004 passed in Sessions Case No.104/2002. Subsequently, the petitioner filed a criminal appeal before this Court. However, the said appeal was dismissed by judgment dated 03.03.2008. So far, the petitioner has undergone a sentence of thirteen years and ten months including remission. Since he was not keeping well and since he happens to be an old person, he was hoping that he would be transferred to the Open Air Camp. However, so far his case has not been considered ostensibly on the ground that he happens to be eighty-four years old, and is a bachelor. Therefore, the petitioner has filed this petition before this Court. The learned counsel for the petitioner has pleaded that the issue whether an elderly person would be eligible to be transferred to the open air camp, has been settled by this Court in the case of Rati Ram Vs. State of Rajasthan and Ors. (D.B. Civil Writ Petition No.74/2013, decided on 18.02.2013).
(3.) SECONDLY , in the case of Geeta Devi Vs. State of Rajasthan, reported in 2012(3) WLC(Raj.) 146, this Court had already opined that a convicted prisoner cannot be denied the right to be transferred from jail to the open air camp on the ground that he is unmarried. Therefore, the second reason being given by the Superintendent, Central Jail for non-consideration of the petitioner's case is no longer tenable.;