Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by petitioner praying for a direction to respondents to transfer him from District Jail, Alwar to Open Air Camp, Alwar.
(2.) PETITIONER is serving sentence of life imprisonment in District Jail, Alwar, consequent upon his conviction and sentence by Additional District and Session Judge(Fast Track) No. 1, Alwar, vide judgment dated 21.04.2006 in Sessions Case No. 06/2006(08/2006), for offence under Sections 363, 366A, 376(2)(g) and 302 read with Section 34 of the Indian Penal Code (for short, 'the IPC'). Aggrieved thereby, petitioner preferred D.B. Criminal Appeal No. 519/2006 before this Court, which is pending adjudication. Petitioner has completed more than 10 years and 6 months of imprisonment 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. Earlier, he was granted three regular parole of 20, 30 and 40 days and one emergent parole for 15 days and during the said period, his behaviour remained good and he surrendered within stipulated time period.
(3.) THE petitioner has completed more than 1/3rd of his sentence long before and regularly performing his scheduled task in prison and he is eligible to have his case considered for transfer to Open Air Camp, Alwar under the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short, 'the Rules of 1972'). But, despite long span of time having passed, after the petitioner has completed the requisite sentence for consideration of his case as per rules, respondents are not considering his case for transfer in Open Air Camp, as he has been convicted under Section 376(2)(g) IPC whereas recently meetings for Open Air Camp have been conducted by the Jail Authorities and from the entire Rajasthan, number of prisoners have been transferred to Open Air Camps. After transfer in the Open Air Camp, the petitioner wants to take care of his old aged parents, wife and 2 children of the age of 8 and 5 years respectively through his earnings. Therefore, the bar contained in Rule 3(d) of the Rules of 1972 may be liberally interpreted qua the petitioner and he should be considered for transferring to Open Air Camp.;