Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by petitioner praying for a direction to respondents to transfer him from Central Jail, Jaipur, to Open Air Camp Sanganer, Jaipur.
(2.) PETITIONER is serving sentence of life imprisonment in Central Jail, Jaipur, consequent upon his conviction and sentence by Special Judge, Court of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Cases, Sikar, vide judgment dated 29.11.2008 in Sessions Case No. 272/2006, for offence under Sections 302, 392/34 and 201 of the Indian Penal Code (for short, 'the IPC') and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities). Aggrieved thereby, petitioner preferred D.B. Criminal Appeal No. 114/2009 before this Court, which is pending adjudication. Petitioner remained in judicial custody from 14.10.2006 onward till date and thus he has completed more than eight years of sentence. It is contended that the conduct and behavior of the petitioner in jail has been good and unblemished and there is no complaint against him. Earlier, he was granted first parole for 20 days by this court vide order dated 13.06.2011 and the Superintendent of Central Jail, Jaipur on 21.06.2011 released him on first parole, and during the period of first parole, his behavior remained good and he surrendered within stipulated time period.
(3.) PETITIONER submitted an application before concerned jail authority for his transfer to open air jail but the same was rejected observing that ordinarily convicts under Sections 392 of the IPC are ineligible for admission to open air camp under R. 3(d) of the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short, 'the Rules of 1972') and therefore he is not entitled to be transferred to open air camp.;