The court has the discretion to direct the accommodation of a petitioner in a specific jail based on the peculiar facts of the case, even if it does not set a precedent.

ORDER

1. After hearing learned counsel for the parties on 03.07.2018, following Order was passed:

"Learned counsel for the respondent(s) to take instructions as to whether the petitioner can be accommodated in District Jail, Mandi, H.P. or in the alternative in District Jail Dharamshala, H.P. List the matter after two weeks."

2. Pursuant to the aforesaid directions given by this Court, learned counsel for the respondent has obtained instructions. He has handed over a copy of the affidavit filed on behalf of the State of Himachal Pradesh by Mr. Somesh Goyal, who is presently posted as Director General of Prisons and Correctional Services, Himachal Pradesh, Shimla.

3. Along with this affidavit, a Chart is enclosed giving the status of 16 Jails in Himachal Pradesh. From the said Chart, the learned counsel points out that insofar as District Jails in Mandi and Dharamshala are concerned they are already overcrowded. He has suggested, on instructions, that the petitioner can be accommodated either in Model Central Jail, Kanda or Model Central Jail, Nahan.

4. Learned counsel for the petitioner accepts that the petitioner be shifted to Model Central Jail, Kanda.

5. Having regard to the peculiar facts of this case and without treating it as a precedent, we direct that the petitioner shall immediately be shifted to Model Central Jail, Kanda, to serve his remaining sentence.

6. The Writ Petition is, accordingly, disposed of.

7. Pending applications, if any, shall also stand disposed of.