ORDER

1. This parole writ petition has been filed by the petitioner being aggrieved with the decision of the Open Air Camp Committee (for short 'the Committee') dated 19.01.2022 whereby, the application filed by the petitioner for sending him to the open air camp has been rejected.

2. The Committee has observed that the petitioner has been convicted and sentenced for the offence under Section 376(2)(f) IPC and under Section 5(3)/6 of the POCSO Act and apart from that a Criminal Case No.09/2009 under Sections 419, 420, 467, 468, 147 and 120-B of IPC is also pending against him before the Additional Chief Judicial Magistrate, Hanumangarh, therefore, the application of the petitioner for sending him to the open air camp is liable to be rejected.

3. Learned counsel for the petitioner has argued that a Co- ordinate Bench of Court vide order dated 23.11.2021 passed in DB Criminal Writ Petition No.532/2021 (Sandeep Vs. State of Rajasthan & Ors.) has clearly held that under Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972 (for short 'the Rules of 1972'), it is provided that the prisoners enumerated in Rule 3 and 4 of Rules of 1972 shall ordinarily be not eligible for being sent to