SHAKIL KHAN S/O ABDUL HAFIZ SHAH v. STATE OF RAJASTHAN
CRLW/309/2025 · 2025-03-05
Vinod Kumar Bharwani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9683 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9683 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9752] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 309/2025 Shakil Khan S/o Abdul Hafiz Shah, Aged About 25 Years, R/o House No. 91 Shakti Colony, Amagarh, Police Station Transport Nagar, District Jaipur (Raj.) (At Present In Central Jail, Jaipur) Through His Mother Namely Sharifan W/o Abdul Hafiz Shah, Aged About 55 Years, R/o House No. 91 Shakti Colony, Amagarh, Police Station Transport Nagar, District Jaipur (Raj.) 302003 ----Accused-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. Superintendent Central Jail, Jaipur. ----Respondents For Petitioner(s) : Mr. Lovesh Mamnani, Advocate & For Respondent(s) : Mr. Heeralal Prajapati, Advocate for Mr. Vishram Prajapati, Advocate Mr. Jai Prakash Tiwari, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 05/03/2025 : Instant writ petition has been filed by the accused-petitioner through his natural mother, namely Mst. Sharifan under Article 226 of the Constitution of India r/w Rule 315 (1) (h) of the Rajasthan High Court Rules, 1952 praying therein that a direction may be issued to the respondents to shift/transfer the petitioner from the Central Jail, Jaipur to the Open Air Camp, Sanganer, Jaipur.
Submissions of learned counsel appearing for the accused- petitioner are that the Court of Additional District & Sessions Judge, No.4, Jaipur vide its order dt.08.09.2023 had convicted the petitioner
[2025:RJ-JP:9752] (2 of 2) [CRLW-309/2025] for offences u/Ss.302, 307 & 450 of I.P.C. & u/S.4/25 of Arms Act & sentenced him to undergo life imprisonment. The petitioner had already served out more than seven-years of imprisonment with remission long before & the conduct of the petitioner in jail has also been good and there is no complaint against him. The appeal filed by the petitioner against the judgment dt.08.09.2023 is still pending before this Court. The petitioner through his natural mother has also sent an application for transferring him to the Open Air Camp on 05.02.2025. The aforesaid application is pending before the concerned authorities. Therefore, the concerned authorities may be directed to decide his application expeditiously. Learned Public Prosecutor for the State has opposed the
submissions made herein-above & prayed for dismissal of the petition. Heard learned counsel for the parties & perused the material made available on record. Looking to the facts & circumstances of case & considering the submissions made at bar and keeping in view of the limited prayer, the present petition is disposed of, with the direction to the concerned authorities to decide the application filed by the petitioner for his transfer from the Central Jail, Jaipur to the Open Air Camp, Sanganer, Jaipur, within a period of one month from the date of receipt of certified copy of this order in accordance with law.
(VINOD KUMAR BHARWANI),J ASHOK