Advocates:
['KALU RAM BHATI', '', 'SUMER SINGH SEN', 'PP', '', 'ANIL JOSHI']

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[CRLW-22/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Writ Petition No. 22/2022

Ravi Kumar S/o Shri Rajpal, Aged About 30 Years, R/o Nathusari

Kalan, Sirsa (Hariyana) (At Present Confined In Central Jail,

Bikaner) Through His Mother - Smt. Sumitra W/o Shri Rajpal,

Aged About 55 Years, R/o Nathusari Kalan, Sirsa (Hariyana)

----Petitioner

Versus

1.

State, Through Director General , Directorate Prison

Rajasthan Jaipur

2.

The Superintendent, Central Jail, Bikaner.

----Respondents

For Petitioner(s)

:

Mr. Kalu Ram Bhati.

For Respondent(s)

:

Mr. Anil Joshi, GA-cum-AAG (Incharge)

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

28/03/2022

Heard learned counsel for the parties. Perused the material

available on record.

The petitioner was sanctioned transfer to the Open Air Camp

vide recommendation dated 22.09.2021. Jail punishment of 10

days reduction in remission has been handed down to the

petitioner, as a consequence, by order dated 07.02.2021, by

resorting to the instructions in second last paragraph of the

recommendations dated 22.09.2021, he has not been sent to the

Open Air Camp. The proceedings dated 07.02.2021 indicate that

the petitioner was assigned the job of cleaning the jail canteen.

When the canteen was searched by the police, a sim was

recovered hidden inside a cardboard box.

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[CRLW-22/2022]

The original record was summoned and has been perused.

Apparently, the sim was neither recovered at the instance of the

petitioner nor has he been arraigned as an accused for the said

recovery. The FIR has been registered against the canteen

incharge Jail Guard Shri Sarjeet Singh.

In this background, apparently, the imposition of jail

punishment supra against the petitioner is absolutely unjustified

and arbitrary and thus, the same is quashed.

Resultantly, the jail authorities are directed to forthwith

transfer the petitioner to the Open Air Camp in terms of the

recommendation dated 12.10.2021.

The writ petition is allowed accordingly.

(VINOD KUMAR BHARWANI),J

(SANDEEP MEHTA),J

19-/tikam/devesh/-