Judgment:
1 DB Parole Petition No.6957/2013 21 D.B. Parole Petition No.6957/2013 Mahaveer Singh Vs. State of Rajasthan DATE OF ORDER:
23. d July 2013. HON'BLE MR. JUSTICE DINESH MAHESHWARI HONBLE MR. JUSTICE VIJAY BISHNOI Mr. Kalu Ram Bhati, for the petitioner. Mr. K.R. Bishnoi, Government Counsel. <><><> The convict-prisoner has sent this letter petition for being aggrieved by the denial of his prayer to be shifted to Open Air Camp. It appears from the submissions made in the reply filed by the respondents that the case of the petitioner was considered on 29.04.2013 but his prayer for transfer to the Open Air Camp was declined with reference to the fact that after availing first parole in the year 2009, the petitioner remained absconding for a period of 9 days. The learned counsel Mr. K.R. Bhati appearing for the petitioner submits that for his such shortcoming in the conduct, i.e., of not surrendering in time, the petitioner was proceeded against for the offence under Section 224 IPC in the Court of Addl. Chief Judicial Magistrate No.3, Ajmer in Cr. Case No.809/2009 wherein, by the judgment and order dated 20.07.2009, he was awarded a punishment of fine in the sum of Rs.1,000/- and in default to undergo imprisonment for 10 days. The learned counsel submits that to his instructions, the petitioner has indeed deposited the amount of fine. The learned counsel further submits that for these facts, the case of the petitioner deserves to be considered with reference to the circular bearing not JPR/32/87-88/38422-521 dated 15.11.1999 as issued by the 2 DB Parole Petition No.6957/2013 Directorate of Prisoners. Having regard to the facts and circumstances of the case, we are of the considered view that the facts as stated before the Court ought to be given due consideration by the authorities concerned and the case of the petitioner ought to be considered with reference to the said notification dated 15.11.1999. Therefore, while partly allowing this petition, the decision as taken on 29.04.2013 is set aside and the matter is restored for re-consideration by the authorities concerned with reference to the observations foregoing. (VIJAY BISHNOI),J.
(DINESH MAHESHWARI),J.
cpgoyal//-