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2024 DIGILAW 1729 (RAJ)

Babu Khan son of Khaju Khan v. State of Rajasthan, through its Secretary, Department of Home Secretariat, Rajasthan, Jaipur

2024-12-19

NUPUR BHATI, SHREE CHANDRASHEKHAR

body2024
Order : This writ petition has been filed by the father of the life convict for the reason that the application dated 16 th October 2024 moved under Rule 4 of Rajasthan Prisoners Open Air Camp Rules, 1972 has been kept pending and not decided. 2. The convict, namely, Imran Khan was convicted and sentenced to imprisonment for life under section 302/149 of IPC with fine of Rs.20,000/-, R.I. for 5 years and fine of Rs.10,000/- under section 365 of the IPC and, R.I. for two years and fine of Rs.5000/- under section 148 of the IPC. 3. The Sessions Judge has also indicated in the judgment dated 19 th June 2023 passed in Sessions Case No.132/2017 that the benefit under the Section 428 of the Code of Criminal Procedure shall be admissible to the life convict. 4. The Sessions Court has also passed an order as recorded under paragraph 123 of the aforesaid judgment that the sentences awarded to the convict shall run concurrently. However, in the reply filed by the State of Rajasthan through the Superintendent of Central Jail at Ajmer an objection has been raised that the convict has been sentenced for the offence under sections 148, 365 and 302/149 of the IPC to different terms of sentences but there is no indication in the judgment dated 19 th June 2023 that such sentences shall be concurrent or one after the other. Quite clearly that this objection raised by the Superintendent of the Central Jail at Ajmer is contrary to and in ignorance of the direction issued in paragraph 123 of the Sessions Case No.132/2017. 5. Having regard to the erroneous interpretation of the judgment in Sessions Case No.132/2017 by the Superintendent of Central Jail at Ajmer, we issued a direction to the concerned Authority under the Rules of 1972 to pass an appropriate order on the application dated 16 th October 2024 for permitting the convict, namely, Imran Khan to be shifted to Open Air Jail subject to other conditions, if any, as prescribed under the extent rules/laws. 6. D.B. Criminal Writ Petition No.2407 of 2024 is allowed in the aforesaid terms.