[2025:RJ-JP:1410] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No.2158/2024 Hanuman Prasad @ Jack S/o Shri Premsingh, Aged About 30 Years, R/o Baroda Meo, Police Station Baroda Meo, District Alwar (Raj.) (At Present In Central Jail, Alwar) Through His Father Premsingh S/o Chhajyaram, Aged About 62 Years, R/o Baroda Meo, Police Station Baroda Meo, District Alwar (Raj.) 301021. ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur. 2. Prisoners Open Air Camp Advisory Committee, Through Its Director, Jaipur. 3. Director General Of Prisons, Directorate Prisons Rajasthan, Ghatgate, Jaipur. 4. Suerintendent Central Jail, Alwar. ----Respondents For Petitioner(s) : Mr.Vishram Prajapati For Respondent(s) : Mr.Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 09/01/2025 1. By invoking the powers contained under Article 226 of the Constitution of India, the instant criminal writ petition has been submitted for assailing the impugned order dated 14.10.2024 passed by the respondents by which the prayer of the petitioner for shifting him from Central Jail to the Open Air Camp has been declined on the count that he has been convicted under the provisions of Section 460 I.P.C. Counsel submits that the issue involved in this petition has already been decided by the Division Bench of this Court at Principal Seat, Jodhpur in the case of Kapil [2025:RJ-JP:1410] (2 of 3) [CRLW-2158/2024] Gupta Vs. State of Rajasthan and Ors. while deciding D.B. Criminal Writ Petition No.461/2023 vide order dated 18.05.2023. Counsel submits that under these circumstances, appropriate direction be issued to the respondents to shift the petitioner from Jail to Open Air Camp. 2. Per contra, learned Public Prosecutor opposed the prayer raised by the counsel for the petitioner. 3. Heard and considered the submissions made at Bar and perused the material available on the record. 4. Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that the issue involved in this petition is no more res integra as the same has been decided by the Division Bench at Principal Seat, Jodhpur in the case of Kapil Gupta(supra) wherein it has been held by the Division Bench in paras 9, 10 & 11 are as follows:- "9. The principles laid down in the case of Nirbhay Singh (Supra) by this Court are well established wherein only on account of conviction under prohibited provisions inter-alia Sections 396 & 460 IPC, the prisoner can not be denied opportunity to be sent to Open Air Camp and in case, he is able to make out a case of good work and conduct in the prison, he is entitled to be sent there. The rejection of the petitioner’s case essentially is on account of his age and apparent surmise that he may indulge in the same offence again, which appears to far fetch on part of the committee looking to the report given by the Jailor that his conduct is satisfactory. 10. Looking to the facts and law laid down in the case of Nirbhay Singh (Supra), the rejection of petitioner’s [2025:RJ-JP:1410] (3 of 3) [CRLW-2158/2024] prayer for being to Open Air Camp can not be sustained. 11. Consequently, the decision contained in the minutes dated 04.11.2022 (Annex.-3) as well as meeting dated 29.03.2023 qua the petitioner is quashed and set aside." 5. Keeping in view the proposition of law as laid down by the Division Bench of this Court at the Principal Seat, Jodhpur in the case of Kapil Gupta (supra), this Court finds no valid reason to take a different view. 6. In view of the above, the instant petition stands allowed. Consequently, the impugned order qua the petitioner stands quashed and set aside. The respondents are directed to shift the petitioner from Central Jail to Open Air Camp, strictly in accordance with law. 7. Stay application and all application(s), pending if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /329