[2026:RJ-JP:4689] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1406/2025 Suraj Dhobi S/o Shri Balchand, Aged About 35 Years, R/o Ramganjmandi, Indra Prasath Colony, Police Station Ramganjmandi, District Kota (Raj.) (At Present Confined In Central Jail Kota) Through His Brother - Rahul S/o Shri Balchand, Aged About 34 Years, R/o Ramganjmandi, Indra Prasath Colony, Police Station Ramganjmandi, District Kota (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary, Department Of Home, Govt. Secretariat, Jaipur. 2. The Director General Of Prisons, Directorate Prison, Rajasthan, Jaipur. 3. The Superintendent, Central Jail, Kota (Raj.) ----Respondents For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 31/01/2026 1. The instant writ petition has been filed on behalf of the petitioner with the following relief:- (i) Issue an appropriate writ, order or direction in the nature thereof thereby quash and set aside the proceedings dated 08.04.2025 qua to the petitioner. (ii) Issue an appropriate writ order or direction in the nature thereof thereby the respondents may kindly be directed to transfer the petitioner from Central Jail Kota to Open Air Camp [2026:RJ-JP:4689] (2 of 5) [CRLW-1406/2025] Jhalawar, as per Rajasthan Prisoners Open Air Camp Rules 1972. (iii) Any other order or direction which this Hon’ble Court deems just and proper in the facts and circumstances of the case, may also be passed in favour of the petitioner. 2. Learned counsel for the petitioner submits that petitioner has been convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo life imprisonment in Sessions Cases No.18/2014 vide judgment dated 16.12.2017. He submits that the said judgment of conviction has attained the finality upto the Hon’ble Supreme Court. It is submitted that the petitioner was sent to the Open Air Camp, but on account of certain misconduct, he was remitted back to the Jail. Counsel further submits that during his stay in the Open Air Camp, an FIR No.190/2024 was registered against the petitioner at Police Station Chechat, District Kota, wherein during the course of investigation, he was arrested and sent to Central Jail, Kota on 13.09.2024. Counsel submits that vide order dated 20.09.2024, benefit of bail was granted to the petitioner in the said case. Counsel submits that bare perusal of the bail order would reveal that there is no evidence against the petitioner. It is submitted that for the misconduct of the petitioner during his period in the Open Air Camp, no punishment has been awarded. In these circumstances, another application was filed by the petitioner for sending him to the Open Air Camp but the said application has been rejected vide order dated 08.04.2025, despite the fact that his jail conduct is satisfactory. During this period, he has availed benefit of parole also. Counsel submits that [2026:RJ-JP:4689] (3 of 5) [CRLW-1406/2025] under these circumstances, interference of this Court is warranted. Counsel relies upon the judgment/order dated 10.12.2024 passed by the coordinate Bench of this Court in S.B. Criminal Writ Petition No.1224/2024 titled as Jitendra @ Jeetu Vs. State of Rajasthan & Ors., wherein in almost identical circumstances, prayer for shifting Open Air Camp has been accepted. 3. Per contra, learned counsel for the State opposed the arguments raised by the counsel for the petitioner and submitted that the petitioner’s conduct was not good when he was shifted to Open Air Camp, hence, he was remitted back to jail. Counsel submits that under these circumstances, the petitioner is not entitled to be shifted again to Open Air Camp and the petition filed by the petitioner is liable to be rejected. 4. Heard and considered the submissions made at Bar and perused the material available on the record. 5. Perusal of the record indicates that the said misconduct was not a reason for the authorities to decline the prayer of the petitioner for shifting him to Open Air Camp. A bare perusal of the bail order granted to the petitioner in the aforesaid FIR would reveal that no cogent evidence is available against the petitioner, and the arrest appears to have been made on the basis of vague material. While granting benefit of bail to the petitioner, the learned trial Court has specifically observed as under :- "(ii)mDr izkFkhZ@vfHk;qDr lwjt /kksch ds lanHkZ esa U;k;ky; esa mifLFkr vuqla/kku vf/kdkjh Jh jk/ks';ke gSM dkfu- 716] iqfyl Fkkuk&pspV us tkfgj fd;k fd i=koyh esa ftl [2026:RJ-JP:4689] (4 of 5) [CRLW-1406/2025] eksckby ls ifjoknh i{k ls ckr dh xbZ] mldh dkWy fMVsy is'k dh xbZ gS rFkk ftl eksckby ls ifjoknh i{k ls ckr fd;k tkuk rFkk eqfYteku }kjk /kedh fn;k tkuk crk;k x;k gS] mDr eksckby uacj fdlds uke gS] ,slk dksbZ nLrkost vuqla/kku i=koyh esa layXu ugha gksuk crk;k o ekSf[kd tkfgj fd;k fd eksckby ls ckr gksuk ik;k x;k] tks fd nksuksa eksckby dh fle vU; eqfYte jkgqy /kksch ds uke gksuk crk;kA eqfYte lqjt ds lanHkZ esa dksbZ yksds'ku dh fMVsy Hkh i=koyh ij izFke n`"V~;k gksuk ugha crkbZ xbZ gS fd oDr ?kVuk tks eksckby iz;qDr gqvk] mldh yksds'ku ls eqfYte lwjt /kksch dks fdlh izdkj ls tksMk tk ldsA (iii)i=koyh esa is'k QksVksxzkQ~l] tks fd eqfYteku }kjk fd;s x;s rksMQksM ds lanHkZ esa gS] esa ek= xsV ds QksVksxzkQ~l gSa] ekSds dh lh-lh-Vh-oh- fjdkWfMZax fd;k tkuk cgl esa crk;k x;k] ijarq ,slh dksbZ lhlhVhoh fjdkWfMZax vuqla/kku vf/kdkjh us U;k;ky; esa is'k ugha dh gS] ftlesa vfHk;qDr lwjt fn[kkbZ nsrk gksA" 6. The prayer for shifting the petitioner to Open Air Camp" cannot be rejected mechanically and must be based on the cogent material. It is evident that role of the petitioner has not been taken into consideration by the authority concerned and only on the basis of the fact that registration of one case during his stay in the Open Air Camp, his application has been rejected. Pendency or registration of another case wherein no specific role or involvement appears on record, prayer for shifting Open Air Camp cannot be denied. 7. So far as the contention raised by the counsel for the State is concerned that during the Open Air Camp period, the conduct of the petitioner was not good, hence, he was shifted back to the jail, no material has been placed on the record that what was the [2026:RJ-JP:4689] (5 of 5) [CRLW-1406/2025] misconduct of the petitioner and whether any punishment was imposed upon him for the same, on the contrary, the jail report indicates that the conduct of the petitioner was found to be satisfactory. 8. Hence, under these circumstances, the instant Criminal Writ Petition is liable to be and is hereby allowed. The impugned order dated 08.04.2025 qua the petitioner stands quashed and set aside. 9. The respondents are directed to pass appropriate order for shifting the petitioner from jail to Open Air Camp. 10. Pending applications, if any, stand disposed of. (ANIL KUMAR UPMAN),J GAUTAM JAIN /48