HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 601/2025 Ajeet Singh S/o Shri Ratan Singh, Aged About 25 Years, R/o Godyawas, Police Station Dantaramgarh, District Sikar, Present Address - Madrampura, Balaji Kiran Nagar, Plot No. 7, Police Station Sanganer, District Jaipur (Raj.) (At Present Confined In Central Jail, Jaipur (Raj.), Through His Father - Ratan Singh S/o Shri Durjan Singh, Aged About 62 Years, R/o Ward No. 4, Sulyawas, Godyawas, Police Station Dantaramgarh, District Sikar, Present Address - Madrampura, Balaji Kiran Nagar, Plot No. 7, Police Station Sanganer, District Jaipur (Raj.)

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur (Raj.).

2. The Director General Of Prisons, Directorate Prisons, Ghatgate, Jaipur (Raj.)

3. Superintendent Central Jail, Jaipur (Raj.)

----Respondents For Petitioner(s) : Mr. Avi Airum for Mr. T.C. Swami For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND

Order

10/12/2025

1. Instant petition has been filed by the petitioner for transferring him to the Open Air Camp.

2. Vide impugned order dated 19.03.2025, the State- respondents have refused to transfer the petitioner to the Open Air Camp on the ground that the petitioner has been convicted for the offence under Sections 302 & 397 read with Section 120-B IPC and Section 397 IPC is a restricted offence, hence, the prayer made by the petitioner cannot be entertained.

3. Learned counsel for the petitioner submits that the petitioner has already undergone more than eight and a half years and his conduct in the jail is found to be satisfactory. Learned counsel for the petitioner has placed reliance on the judgments passed by the Co-ordinate Bench of this Court in the case of Pooran Singh Vs. State of Rajasthan and Ors. : S.B. Criminal Writ Petition No. 322/2022 decided on 22.07.2022, Satish @ Lilu Vs. State of Rajasthan and Anr. : S.B. Criminal Writ Petition No. 523/2019 decided on 04.06.2020 and Sher Singh @ Sheru Vs. State of Rajasthan and Anr. : S.B. Criminal Writ Petition No. 525/2019 decided on 02.06.2020. Learned counsel submits that under the similar circumstances, directions have been issued to the authorities to transfer the accused persons to the open air camp, so the similar order be passed in the instant case also.

4. Per contra, learned Public Prosecutor has opposed the prayer made by the learned counsel for the petitioner and has submitted that the petitioner has been convicted for the offences under Sections 302 & 397 read with Section 120-B IPC and looking to the seriousness of the offence, the petitioner is not entitled to be shifted to the Open Air Camp.

5. Heard and considered the rival submissions made by the learned counsel for the parties and perused the material available on record.

6. It is true that no prisoner could claim transfer to Open Air Camp as a matter of right. The Rajasthan Prisoners Open Air Camp Rules, 1972 was framed primarily with an object to send a convict to Open Air Camp with the purpose to encourage good conduct, self-discipline and inculminating them to normal life. It is a method to reform the prisoners to the social environment and society as a whole. It is a reformatory concept. The law relating to reformation of the prisoner has been discussed at length vide several judgments by the Apex Court as well as by this Court as noticed in the aforesaid judgments.

7. In the opinion of this Court, attempt should always be made to reform a convict, if his/her performance while in the judicial custody has been found to be above board and has not been indulging in any other misadventure or activity which may harming the society. Merely on account of the conviction for a particular offence cannot be a bar for considering the petitioner’s case for shifting him to Open Air Camp. A straight jacket formula cannot be applied in all the cases. Rule 3 of the Rules of 1972 mentions word “ordinarily” and thus, the Open Air C