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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
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CIVIL WRIT No. 7343 of 2008
SATISH @ PILOT
V/S
STATE
Mr. KR BHATI, for the appellant / petitioner
Mr. JPS CHOUDHARY, PP, for the respondent
Date of Order : 14.1.2009
HON'BLE SHRI N P GUPTA,J.
HON'BLE SHRI C M TOTLA,J.
ORDER
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Heard learned counsel for either side.
The petitioner’s prayer for shifting to open air
camp jail has been dismissed by the impugned order dated
12.6.2008 only on the ground that the prisoner is permanent
resident of Punjab.
It is contended by the petitioner that the
petitioner is a resident of Ganganagar District in
Rajasthan, he has already enjoyed parole for about 10
times, and is in custody for last 11 years.
A rejoinder has been filed by the prisoner
supported by the affidavit of his cousin brother, annexing
therewith a copy of transfer certificate from the
headmaster, Vikas Public School, Ladhuwala, District
Sriganganagar, showing that the prisoner was admitted in
the school as Class-IV passed candidate on 10.7.1987, and
had left the school on 14.5.1988 for seeking education at
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other place. Likewise, a certificate from the Sarpanch of
Gram Panchayat 15 SPM, Tehsil Sadulshahar has also been
produced, certifying that the family of the prisoner is
living in Chak 17 SPM (Godhuwali), Tehsil Sadulshahar,
District Sriganganagar for last 26-27 years. These
documents have not been controverted on the side of the
respondents, and it is also not shown that despite the
family living in Rajasthan for last 26-27 years i.e.
practically since the birth of the prisoner, or even a bit
earlier, the petitioner would be continued to be treated to
be a permanent resident of Punjab only.
In view of the above, we do not find the order
refusing to shift the petitioner in open air camp jail to
be sustainable. The same is, therefore, quashed, and the
concerned authorities are directed to expeditiously re-
examine the matter on merits, about the petitioner’s
entitlement to be shifted in open air camp jail, treating
him to be resident of Rajasthan. It is clarified that in
consideration of the petitioner’s case on merits, about
transfer to open air camp jail, the rejection order will
not be taken into consideration.
( C M TOTLA ),J. ( N P GUPTA ),J. /tarun/