D.B. CIVIL WRIT PETITION NO. 4082/2010 Date of order : 07.7.2010 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE KAILASH CHANDRA JOSHI Mr.KR Bhati, for the petitioner. Mr. KR Bishnoi PP. The petitioner was convicted under Sections 148, 302/149, 396, 120B, 307/149, 326/149, 323 and 324 IPC and is serving sentence. As the reply, petitioner has already served sentence of 9 years 5 months and 4 days up till 4.5.2010 including remission. The petitioner's prayer is that his case may be considered for sending him to open air camp under the Open Air Camp Rules 1972. The contention of the respondents is that in view of the bar created by the Rule 3 of Rules 1972, the petitioner's case cannot be considered as he was convicted for offence under Section 396 IPC also. The Rule 3 has already been interpreted by the Division Bench of this Court in DB Misc. Parole Writ Petition No. 1174/08 vide judgment dated 27.3.2008 and it has already been held that Rule 3 of the Rules 1972 only provides that such prisoner shall “ordinarily” be not eligible for being sent to open air camp and it is not a Rule denying benefit totally to convicts falling in Rule 3 of the Rules of 1972. In view of the above reasons, this petition is allowed and respondents are directed to consider the case of the petitioner in accordance with Rules of 1972 for sending him to the open air camp and pass appropriate order within a period of one month from the date of receipt of this order. [KAILASH CHANDRA JOSHI],J. [ PRAKASH TATIA], J. arti/