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State of Odisha - Section

Section 2 in The Orissa Release of Prisoners on Parole Rules, 1983

2.

Where a petition for suspension of the sentence of imprisonment is made by or on behalf of a person sentenced to imprisonment for an offence against any law relating to matter to which the executive power of the State Government extends and the person sentenced to such imprisonment is in jail, the execution of the sentence may be suspended and such person may be released on parole, subject to the conditions specified in Rule 2 for such period not exceeding 30 days in a year, if the State Government are satisfied that the immediate release of such person on parole is necessary by reason of any serious illness or death or any member of the prisoner's family or, his close relatives or for attending a marriage in his family or for construction, reconstruction or repair of the dwelling house of the prisoner's family, if there is none in the prisoner's family to attend to it or for any other sufficient cause. The order of release shall be in Form I of Schedule 'A' appended to these rules :Provided that where the District Magistrate is satisfied that it is urgently necessary to release a prisoner on parole for reasons of serious illness or death of any member of the prisoner's family or his close relatives or for enabling him to attend a marriage ceremony in his family or for construction, reconstruction or repair of the dwelling house of the prisoner's family, if there is none in the prisoner's family to attend to it and the District Magistrate is further satisfied that any delay in release of the prisoner would cause serious hardship to him, the District Magistrate may, by order of release in Form III of Schedule 'A' appended to these rules, authorise release of a prisoner on parole in anticipation of the approval of the State Government for a period of thirty days, subject to the conditions specified in Rule 2. The District Magistrate shall forthwith submit his proposal with all the relevant records such as the bond executed by the prisoner in Form II of Schedule 'A', the prisoner's application for release on parole in Form I of Schedule 'B' and recommendations of Superintendent of Jails concerned in Form II of Schedule 'B' and his order in Form III of Schedule 'A' together with the report of the concerned S.P., for approval of the action taken by him. On receipt of the application for parole together with other documents specified herein Government may make an order approving or disapproving the order made by the District Magistrate releasing the prisoner on parole with or without any modification in the conditions imposed by the District Magistrate. Where the Government do not approve the proposal of the District Magistrate, the prisoner shall be directed by the District Magistrate to surrender himself to the Superintendent of Jails concerned failing which steps shall be taken by him for his apprehension.