Section 31A in The Prisoners (West Bengal Amendment) Act, 1955.
31A. Temporary release of prisoners. - (1) The State Government or such authority as the State Government may empower in this behalf may, subject to the provisions of this Part and to such conditions as may be prescribed by rules made under section 31C, at any time, release, temporarily for a period not exceeding one month excluding the time required for journey from and to the prison, any prisoner who, having been sentenced to imprisonment for a term of more than two years, has actually undergone imprisonment for not less than one year :
Provided that before a prisoner is released under this sub-section he shall have to execute a bond, with or without sureties as the State Government or other authority making the order of release may determine, for good behaviour during the period of release and for observing the conditions of the release :Provided further that a prisoner who has previously been temporarily released under this sub-section shall not again be so released unless after his return to prison from the last temporary release there shall have elapsed -(a)in the case of a prisoner sentenced to imprisonment for a term of less than five years, a period of one year, or(b)in the case of a prisoner sentenced to imprisonment for a term of five years or more, a period of two years.Explanation. - In this Part "prisoner" does not include a person convicted of any offence under Chapter VI or Chapter VII or under any of sections 392 to 402 (inclusive), of the Indian Penal Code or classified as a habitual criminal for the purpose of the rules for the time being in force made under the Prisons Act, 1894.(2)No prisoner shall be released under sub-section (1) unless -(a)be shall have, after the expiry of the period of release, at least one year of further imprisonment to undergo;(b)he has undergone, with remission earned, imprisonment for -(i)in the case of a prisoner sentenced to imprisonment for a term of less than five years, half the period of his sentence, or(ii)in the case of a prisoner sentenced to imprisonment for a term of five years or more, half the period of his sentence or a period of three years, whichever is less;(c)the officer-in-charge of the prison certifies that the conduct of the prisoner in the prison has been good.(3)Every prisoner shall, when released under sub-section (1), remain within West Bengal during the period of such release.(4)The provisions of sections 514, 514A, 514B and 515 of the Code of Criminal Procedure, 1898 shall, as far as may be, apply in respect of bonds executed, with or without sureties, in pursuance of the first proviso of sub-section (1).(5)The order granting release may be cancelled by the State Government or other authority making the order for any reason considered sufficient by it and shall be so cancelled if, during the period of release, the prisoner contravenes any of the conditions of the release or commits any offence.(6)Subject to the provisions of sub-section (2) of section 31B, the period of release of a prisoner under sub-section (1) shall count towards the total period of his sentence.
