MOHAMMAD RAFIQ, J. - (1.) THIS writ petition has been filed by petitioner praying for a direction to respondents to transfer him from Central Jail, Sevar, Bharatpur to Open Air Camp.
(2.) PETITIONER is serving sentence of life imprisonment in Central Jail, Sevar, Bharatpur consequent upon his conviction and sentence by Additional District Judge (Fast Track) No.2, Jaipur vide judgment dated 18.11.2006 in Sessions Case No.11/2005, for offence under Sections 302, 363, 366, 201 and 376 (2)(g)(4) of the Indian Penal Code (for short, 'the IPC'). Aggrieved thereby, petitioner preferred criminal appeal before this Court, which is pending adjudication.
(3.) PETITIONER has completed more than ten years of sentence including remission. It is contended that the conduct and behaviour of the petitioner in jail has been good and unblemished and there is no complaint against him. 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 376 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.;