[2025:RJ-JP:14176] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 111/2025 Santosh @ Sandhya W/o Shri Banwari Lal @ Babli, R/o Garu, Police Station Kathumar, District Alwar, At Present 4 Ka/54 Shiwaji Park, Police Station Shiwaji Park, District Alwar (Raj.) (At Present Serving Sentence In Central Jail Woman Jaipur) Through His Sister - Malti Devi W/o Shri Mohan Lal, Aged About 50 Years R/o Dadi Ka Phatak, Police Station Murlipura, District Jaipur (Raj.) ----Petitioner Versus 1. The State Of Rajasthan, Through The Secretary, Department Of Home, Govt. Secretariat, Jaipur. 2. The Director General Of Prisons, Directorate Prisons, Rajasthan, Jaipur. 3. The Superintendent, Central Jail, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 27/0 3/2025 1. By invoking the powers contained under Article 226 of the Constitution of India, the instant criminal writ petition has been preferred for assailing the impugned order dated 14.10.2024 passed by the respondents by which the prayer of the petitioner for shifting her from Central Jail Woman, Jaipur to the Open Air Camp, Sanganer, has been declined on the count that she has been convicted under the provisions of Section 460 I.P.C. 2. Learned counsel for the petitioner 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 Gupta Vs. State of Rajasthan and Ors. (D.B. Criminal Writ [2025:RJ-JP:14176] (2 of 3) [CRLW-111/2025] Petition No.461/2023) vide order dated 18.05.2023. Learned counsel further submits that under these circumstances, appropriate direction be issued to the respondents to shift the petitioner from Central Jail Woman to Open Air Camp, Sanganer, Jaipur. 2. Per contra, learned Public Prosecutor has opposed the submissions made by the counsel for the petitioner. 3. Heard & considered the submissions made at Bar and perused the material available on record. 4. Considering the arguments put forward by 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 the Division Bench in paras 9, 10 & 11, has been held as under:- "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 & 460IPC, 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 Jail or 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 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 [2025:RJ-JP:14176] (3 of 3) [CRLW-111/2025] well as meeting dated 29.03.2023 qua the petitioner is quashed and set aside." 5. This Court is also conscious of the judgment of Division Bench at Principal Seat, Jodhpur in the case of Nribhay Singh @ Nabbu v. State (D.B. Criminal Writ Petition No.38/2018) decided on 04.04.2018 wherein only on account of conviction under prohibited provisions inter-alia Sections 396 & 460 I.P.C., 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. 6. 6. Thus, 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. 7. In view of the above, the instant writ petition stands allowed. Consequently, the impugned order dated 14.10.2024 qua the petitioner stands quashed and set aside. The respondents are directed to shift the petitioner from Central Jail Woman, Jaipur to Open Air Camp, Sanganer, Jaipur, strictly in accordance with law. 8. Pending application(s), pending if any, stand disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /323