- (1.) WE have heard learned counsel appearing for the State of Rajasthan.
(2.) THIS Special Appeal arises out of the judgment of learned Single Judge, dated 23.01.2015, by which he has allowed S.B. Civil Writ Petition No.14658/2014 - Shribhagwan Vs. State and Ors., setting aside the decision of the Committee, set up under the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short, 'the Rules of 1972'), rejecting the application of the petitioner for his transfer to an Open Air Camp, on the ground that ordinarily convicts under Section 394 IPC, are ineligible for admission to open air camp.
(3.) THE petitioner, who is respondent before us, is serving the sentence of Life Imprisonment in Central Jail, Bharatpur, on his conviction and sentence by the Additional District Judge(Fast Track) No.2, Karauli, vide judgment dated 01.04.2009, in Sessions Case No.31/2008 for the offence under Sections 302 read with 34, 394, 342 IPC, and Section 3/25 of the Arms Act. A criminal appeal, filed by the convict, is pending adjudication in the High Court. The petitioner, after completing more than 9 -1/2 years of sentence including remission, filed an application for admitting him to an Open Air Camp under Rule 3 of the Rules of 1972. The application was rejected only on the ground that Rule 3 of the Rules of 1972, provides for certain classes of prisoners, who shall ordinarily be not eligible for being sent to an Open Air Camp. The following categories of persons have been ordinarily made ineligible for admission to an Open Air Camp: - "(d) Prisoners who have been convicted of an offence or offences under sections 121 to 130, 216A, 224,225, 231, 232, 303,311, 328, 333, 376, 377, 383, 392 to 402, 435 to 440 and 460 of the Indian Penal Code (Act SLV of 1860) (g) prisoners whose conduct in the jail is not good provided that a prisoner who would have not received any jail punishment for two years preceding the date of the recommendations of his name for admission to the Open Camp may be considered eligible. R. 4 Eligibility for admission to Open Camps - A prisoner shall be eligible for admission to an Open Air Camp - (a) He does not fall within any of the categories specified in rule 3 above; (b) he has been regularly performing his scheduled task in the Jail Factory or in Jail Service; (c) he has served one third term of his substantive sentence including remission.";