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, SC/ST (Prevention & Atrocity), Sikar, vide judgment dated 29.11.2008 in Sessions Case No. 272/2006, for offence under Sections 302, 392/34 & 201 of the Indian Penal Code (for short, 'the IPC'). Aggrieved thereby, petitioner preferred D.B. Criminal Appeal No. 1280/2008 before this Court, which is pending adjudication. Petitioner has completed more than 8 years and 9 months of sentence including remission. 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 of 20 days by this Court vide order dated 12.03.2013 passed in Writ Petition No. 1348/2012 and during the period of 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 Camp, Sanganer, Jaipur, but the same was rejected observing that ordinarily convicts under Sections 392/34 of the IPC are ineligible for admission to open air camp under Rule 3 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.;