Parole means to release the Accused from the Prison after part of the sentence has been served by him. While on Parole, the released prisoner remains in the custody and under the supervision of the Paroling Authority.
Parole gives a chance of reformation to the prisoner. It can have a positive impact on changing the prisoner’s attitude toward what they have done and made them come to accept that their behavior was wrong.
Parole is granted by the Parole Board after the accused has served one-third sentence.
Parole granted on certain grounds as follows:
1. Serious illness of a family member
2. Accident or Death of Family Member
3. Marriage of a member of the family
4. Delivery of child by a wife of the convict (except high-security risk prisoners)
5. Maintain family or social ties
6. Serious damage to life or property of the family of the convict by natural calamities
7. Pursue filing of a special leave petition.
Types of Parole
There are two types of parole Custody (Emergency) and Regular Parole.
The Custody or emergency Parole is granted in emergency circumstances like a death in the family member, serious illness, or marriage in the family. For custody parole all convicted persons eligible for this type of parole except the foreigner and those serving a death sentence.
The Regular Parole is granted when Delivery of child by wife (except high-security risk prisoners), Serious illness of father/mother/spouse/ son/daughter, in case of natural calamities such as flood, house collapse, earthquake, fire, etc., to pursue the filing of special leave petition before the supreme court against a judgment delivered by High Court convicting or upholding the conviction, as the case may be.
The Maharashtra government has framed new rules which will not grant “regular” parole to those convicted for rape, rape with murder, murder, terrorist crimes, kidnapping, narcotics smuggling, human trafficking, and sexual offenses against minors.
A prisoner shall not be released on regular or emergency parole for a period of one year after the expiry of his last emergency or regular parole except in case of death of his nearest relatives.
In the matter of Election Commission of India vs. Mukhtar Ansari (MANU/ DE/0487/2017), the Hon’ble Delhi High Court held that custody parole cannot be a substitute for grant of bail and cannot be extended for long periods or for daily visits.
The procedure of obtaining Parole
1. The prisoner after completing the mandate jail time applies for parole.
2. The jail authority then asks for a report from the police station where the arrest was made.
3. The report is then verified.
4. If the reason for parole is a medical emergency, relevant medical records and certificates are also verified.
5. The final report is then submitted to the Deputy Secretary, State Government, or Inspector General of Prisons.
6. The competent authority then takes the decision on parole.