1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 7068 of 2008 SMT. SHYAMA DEVI V/S STATE BY POST Mr. JPS CHOUDHARY, P.P., for the respondent Date of Order : 28.1.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- In compliance of the order dt. 5.1.2009 the learned Public Prosecutor submits that he has filed additional affidavit on 20.1.2009 to the effect that in the three matters which were decided by the Jaipur Bench pressed into service by the petitioner, there was no application moved for inter jail transfer before the competent authority. In view of the above, this matter is required to be considered on its own merits. We have gone through the application, and the reply. It is contended in the application that the prisoner was convicted for the offence under Section 304B and 498A IPC, and sentenced to imprisonment for life. 2 Presently the prisoner is serving out sentence at Central Jail, Ajmer while the application has been filed by his mother to the effect that she is resident of Gangapur wherefrom the District Headquarter Bhilwara is located at a distance of 45 Kms., while Ajmer is at a distance of about 200 Kms., and since she is suffering from knees problem she has prayed for transfer of the prisoner to Bhinmal permanently, or at least for a period of three years. It is contended by the learned Public Prosecutor that Bhinmal is only District Jail where in view of paucity of work prisoners convicted with imprisonment for life cannot be kept. Therefore, they have to be kept in some central jail, and Ajmer being nearest convenient jail he is lodged there. In our view, in view of the above, it is not a fit case for ordering transfer of the prisoner from Ajmer to Bhilwara. It is, however, clarified that if the prisoner or the applicant so want, requisite application may be moved for transferring the prisoner from Central Jail, Ajmer to Central Jail Udaipur which is comparatively nearer place, and if any such request is made it is expected that the same shall be sympathetically considered. The petition is accordingly disposed of. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /Sushil/