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1994 DIGILAW 937 (RAJ)

Attar Singh v. The State of Rajasthan

1994-11-24

B.R.ARORA

body1994
JUDGMENT 1. - The petitioner, by this miscellaneous petition, has prayed that he may be transferred from the Central Jail, Udaipur to the District Jail, Jhunjhunu, to serve out the remaining period of the sentence. 2. The transfer has been sought on the ground that he is a resident of Jhunjhunu and belongs to a poor family. On account of long distance between Udaipur and Jhunjhunu, the relatives of the petitioner, including his old parents, wife and children, cannot meet him in the jail and he is also, unable to prosecute his studies as earlier he had taken his education from the University of Rajasthan. This application has been opposed by the learned Public Prosecutor on the ground that the Jail Manual does not permit the transfer of a life convict to a District Jail and the life convicts are to be kept only in the Central Jail and as such the petitioner, who is a life convict, can be kept only in the Central Jail. 3. I have considered the submissions made by the learned Public Prosecutor and gone through the contents of the petition. 4. The petitioner was convicted and sentenced by the Court Martial on 5-3-85 and his services were terminated. He was convicted for the offence under Section 302 of the Ranveer Penal Code as well as Section 69 of the Arms Act and is undergoing life imprisonment. Initially he was put to the District Jail, Jhunjhunu and from there he was transferred to the Central Jail, Jaipur, and from there he was transferred to the Central Jail, Udaipur. He is in the judicial custody since 25-5-84. He is a resident of Jhunjhunu district and his parents are old. The distance from Jhunjhunu to Udaipur is long and the financial position of the family of the petitioners makes it impossible for his wife, children, parents and other close relatives to go and meet him in the Central Jail, Udaipur. Of course the rules do not permit the transfer of a life convict from the Central Jail, Udaipur to the District Jail, Jhunjhunu, but on humanitarian consideration and taking into consideration the aforesaid facts and circumstances, think it proper that as an exceptional case the petitioner-convict may be transferred from the Central Jail, Udaipur to the District Jail, Jhunjhunu so that his old parents, wife and the children may i meet him in the jail. Such type of order can be passed in view of the Division Bench Judgment of this Court rendered in : Ram Gopal v. The State of Rajasthan, 1985 Cr.L.R.(Raj.) 672 . 5. In the result, the miscellaneous petition, filed by petitioner-convict Attar Singh, is allowed and the respondent is directed to get the petitioner-life convict transferred from the Central Jail, Udaipur to the District Jail, Jhunjhunu.Petition allowed. *******