State of Rajasthan - Act
Rajasthan Prisoners Release on Parole Rules, 1958
RAJASTHAN
India
India
Rajasthan Prisoners Release on Parole Rules, 1958
Rule RAJASTHAN-PRISONERS-RELEASE-ON-PAROLE-RULES-1958 of 1958
- Published on 20 December 1958
- Commenced on 20 December 1958
- [This is the version of this document from 20 December 1958.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Title, commencement and application
2. Definitions
- In these rules unless there is anything repugnant in the subject or context; -| 1. | Inspector General of Prisons, Rajasthan | Chairman |
| 2. | Dy. Secretary to Government Home (Jails) Department | Member |
| 3. | DIG of Prisons (concerned zone)] [Substituted vide Notification No. 4(2) Home-12/87 dated 15-10-1990 (Published in Rajasthan Gazette Part 4(C) dated 28-5-1992)] | Member |
| 4. | Prison Psychologist | Member |
| 5. | Chief Probation Officer | Member |
| The quorum for transaction the business of the Committee willbe three including the Chairman] |
| 1. | District Magistrate | Chairman |
| 2. | Superintendent of Police | Member |
| 3. | Superintendent /Dy. Superintendent, Jail | Member |
| 4. | Probation Officer | Member |
3. Application for release on parol.
- A prisoner sentenced to imprisonment for not less than one year may,.subject to exceptionally good behaviour, be allowed by the Superintendent Jail, in which he is confined, to submit application for parole in triplicate in Form 1.4. The Superintendent Jail to forward the application to the District Magistrate.
- The Superintendent of Jail concerned will enter the application in a register in Form II and will put his remarks on the application regarding condition of release and the prisoner's conduct in the Jail etc. on the application of the prisoner and would forward one copy of it in original to the District Magistrate of the District in whose jurisdiction the prisoner wants to spend his parole period and one copy of the application will be sent to the Probation Officer. The District Magistrate shall enter the application in a register in Form III.5. District Magistrate may reject the application of forward the same to the [Appropriate Committee] [Substituted by Notification No.F.21(58) Home 12/76 dated 10/76 dated 10.8.1978(Published in Rajasthan Gazette Part 4 C dated 7.6.1979)]
6. Conditions of release
- If the [State Committee or District Committee] [Substituted by Notification No.F.21(58) Home 12/76 dated 10/76 dated 10.8.1978(Published in Rajasthan Gazette Part 4 C dated 7.6.1979)] accepts the recommendation of the District Magistrate, the prisoner shall be released on parole on such conditions and for such period as the I [State Committee or District Committee] may direct. The order of release will be in Form IV.7. Release on Bond and Security
- The Superintendent of Jail will release the prisoner on parole when he has furnished personal bond and security to the District Magistrate and has thoroughly understood the conditions of his release while on parole or any other condition which the District Magistrate may like to impose on such prisoner.8. Journey expenses on parole
- The prisoner shall bear the journey expenses from and to the Jail. In cases of destitute prisoners Government may bear the cost of the prisoner's journey from and to the Jail. This concession will only be granted when the prisoner's family is so poor that they cannot meet his travelling expenses which should be mentioned in their application for parole giving at the same time the reasons therefor. In such cases the District Magistrate may cause enquiries to be made as regards the prisoner's financial position and state whether the concession should be allowed or not.9. Parole period
- A prisoner, who has completed with remission, if any, [one-fourth] [Inserted by Notification No. F. 2(58) Home/Gr-8/76 dated 20-5-1977( Published in Rajasthan Gazette Part 4 C dated 9-6-1977)] of his sentence and subject to good conduct in the Jail, may be released on 1st parole for 20 days including days of journey to home and back. and for 30 days on 2nd parole provided his behaviour has been good during the 1st parole and for 40 days on third parole provided his behaviour has been good during the second parole. If during the third parole also the prisoner has behaved well and his character has been exceedingly well and if the prisoner's conduct has been such that he is not likely to relapse into crime, his case may be recommended to the Government through the [State Committee] [Substituted by Notification No. F. 21(58) Home 12/76, dated 10.8.1978 (Published in Rajasthan Gazette part. IV-C,dated 7.6.1979)] for permanent release on parole on such conditions as deemed fit by the Superintendent Jail and the District Magistrate concerned; the chief condition among them being that if the prisoner while on parole commits any offence or abets, directly or indirectly, commission of any offence, he has to undergo the unexpired portion of the sentence in addition to any sentence imposed upon him by reason of such an offence. In cases the permanent release on parole is rejected the prisoner will be eligible for release on parole for 40 days every year subject to the same conditions for the remaining period of his sentence.[Provided the cases of prisoners who have been sentenced to imprisonment for life, for an offence for which death penalty is one of the punishments provided by law or who have been sentenced to death but this sentence has been commuted under section 433 of Code of Criminal Procedure into one of life imprisonment shall not be placed before the State Committee for permanent release on parole unless he has served 14 years of imprisonment excluding remission but including the period of detention passed during enquiry, investigation or trial. Such prisoners may be released on parole for 40 days every year for the remaining period of their sentence subject to the conditions stated above.] [Added vide Published in Rajasthan Gazette Extraordinary 4(Ga(1) dated 1.6.1994.]9A. [ In emergent cases the Superintendent of Jail shall grant parole upto a period of 7 days only subject to confirmation by the Inspector General of Prisons and for a period of not more than 15 days by the Inspector General of Prisons.] [Inserted vide Notification No. F. 4(17X4) H.D./Gr.-II/63, dated 25.3.1966.]
10.
No second and [subsequent release on parole,except release on permanent parole, shall be made unless] [Substituted 'subsequent release on parole shall be made unless' Notification No. G.S.R. 60, dated 24.9.2013 (w.e.f. 23.7.1959).] eleven months have elapsed from the date of the expiry of the period of release on parole immediately preceding.10A. [ (i) Notwithstanding] [Inserted vide Notification4(17X4) H.D./Gr.-II/Karagar/68, dated 29.5.1970.] the provision of rule [3, 4, 5] [Substituted by Notification 21(58) Home 12/76, dated 10.8.1978 (Published in Rajasthan Gazette part. IV-C, dated 9.6.1979).], 9 and 10, in emergent cases, involving humanitarian consideration viz. (1) critical condition on account of illness of any close relations i.e. father, mother, wife, husband, children, brother or unmarried sister; (2) death of any such close relation; (3) serious damage to life or property from any natural calamity; and [(4) married of a prisoner, his/her son or daughter of his/or brothers/sisters in case his/her parents are not alive.] [Inserted vide Notification No. F. 18(14) Home/Gr.-12/Kava/82, dated 17.12.1982 (Published in Rajasthan Gazette Part. IV, dated 5.1.1983).]
A Prisoner [.......] [Deleted by Notification No. F. 21(58) Home 12/76, dated 10.8.1978 (Published in Rajasthan Gazette Part 4-C, dated 7.6.1979).] [may] [Substituted by Notification 21(58) Home 12/76, dated 10.8.1978 (Published in Rajasthan Gazette part. IV-C, dated 9.6.1979).] be released on parole for a period not exceeding 7 days by the Superintendent of the Jail and for a period not exceeding 15 days by the Inspector General of Prisons [District Magistrate] [Substituted by Notification 21(58) Home 12/76, dated 10.8.1978 (Published in Rajasthan Gazette part. IV-C, dated 9.6.1979).] on such terms and conditions as they may consider necessary to impose for the security of the prisoner including a guarantee for his return to the jail, acceptance or execution whereof would be a condition precedent to the release of such prisoner on parole.11. Supervision of Probation Officer.
12. [ Parole period regarded as imprisonment served. - The period for which a prisoner stays on parole under rule 9, without violating the conditions laid down for the purpose, shall be treated as imprisonment served by him. All other kinds of parole shall be treated as sentence suspended.] [Substituted by Notification No. F. 4(2) Home 12/87, dated 15.10.1990 (Published in Rajasthan Gazette Part 4-C, dated 28.5.1992).]
13. Aim of parole to encourage good conduct.
- The grant of parole should be regarded as concession to encourage good conduct and it shall not be claimed by prisoners as a matter or right.14. Ineligibility for release.
- The following classes of prisoners will ordinarily not be eligible for release on parole:-15. Computation of sentences.
- For the purpose of these rules the following principles shall be observed in computing the period of sentence of imprisonment, namely:-16. Revocation.
- (i) The District Magistrate, on receiving information from the probation officer or any other source, of the breach by the prisoner of the conditions of parole, shall serve a notice on him, to show cause why his parole should not be revoked. If the prisoner presents himself in response to the notice then, after hearing him and if he does not present himself, then without hearing him, the District Magistrate may request the 3[State Committee/District Committee] for revocation of the prisoner's parole.17. Government and the [State Committee/District Committee] [Substituted by Notification F. 21(58) Home-12/76 dated 10-8-1978 (Published in Rajasthan Gazette part. IV(D) dated 7-6-1979)] have power to cance.
18. Punishment for breach of conditions of Parole
- The following punishments may be awarded to the prisoners for over staying their sanctioned parole period or for breach of any other condition laid down namely:-19. General
- If a prisoner does not surrender himself on the expiry of the parole period without sufficient reasons therefor, he may be arrested by any police officer without a warrant and shall be remanded to undergo the unexpired portion of his sentence.20. If the prisoner commits any fresh offence during his parole period, he shall be re-arrested and shall undergo the unexpired portion of his sentence besides any other sentence that may be awarded to him.
21. For the prompt disposal of applications regarding release of prisoners on parole on the ground of serious illness or death of their near relatives (Father, Mother, Daughter, Son, Husband or Wife), the District Magistrate will deal with the application expeditiously and cause immediate enquiries to be made and communicate his recommendation to the [State Committee/District Committee] [Substituted by ibid.] within four days of the date of receipt of the application for parole.
22. [ Where the State Government considers it expedient in the interest of affective and quick disposal of applications to release of prisoners on parole or it appears to the State Government that the District Committee is not able to Function properly, it may assign the functions of the District Committee to the State Committee.] [Inserted by ibid.]
Form I(Rule 3)Petition(To be filled in by the prisoner)1. Name...............................................
2. Father's name and caste.....................................................
3. Village, Tehsil, Sub-Division and District....................................................
4. Name of the guardian...........................................................
5. Name of persons who are prepared to stand as sureties............
Declaration by the PrisonerI hereby declare that I desire to be released on Parole under section 401 (1) of the Code of Criminal Procedure, 1898, (Act V of 1898)3, and shall faithfully comply with :he conditions of the parole, if released. I further agree to render myself liable to punishment or breaches of the conditions of parole under the Rajasthan Release of Parole Rules, 1958.Dated...... 200Signature of the prisonerConvict Register No........(To be filled in by the Superintendent of Jail)1. Name and register No. of prisoner....................................................................
2. Name of prisoner's father....................................................................
3. Prisoner's residence, Mohalla and............. Village, Police Station, District........................................................
4. Prisoner's age......................................................................
5. Sentencing authority with case No.......................................................................
5. Law under which sentenced........................................................................
7. Sentence.............................................................................
8. Date of sentence......................................................................
9. (a) If casual, whether 'Star'
10. (a) Period spent in Jail up to the date of application.
11. Conduct during the last release on parole.
12. (a) Date of eligibility for release
13. Physical and mental condition.
14. Conduct in Jail.
15. Is it advisable to release the prisoner on parole, if so, on what conditions.
16. Any other remarks by the Superintendent.
Date...... 200Superintendent,Jail................(To be filled in by the Distt. Magistrate)1. Date of receipt in the Distt. Magistrate's office.
2. Brief history of the case(nature of the crime, if determined by the court,should also be mentioned).
3. Is it advisable to release the prisoner on parole?
4. Amount of personal bond and sureties to be furnished.
5. Having regard to the prisoners antecedents and his conduct in Jail, is he likely to abstain from crime and lead a peaceable life, if released on parole ?
The application is rejected. [To be Struck of as case may be]Recommendation.It is recommended that the prisoner named above may be released on parole for....... days on furnishing a personal bond of Rs......and two sureties of Rs .....each. [To be Struck of as case may be]Dated....... 200Orders of the Government.The recommendation of the District Magistrate is accepted/rejected. [To be Struck of as case may be]Dated .......200Home Secretary to theGovernment of RajasthanForm IIJail Register of Application for release on parole under rule 4| S. No. | Date of application | Name & No. of prisoner | Whether application rejected by Superintendent | Whether returned by Superintendent to prisoner |
| 1 | 2 | 3 | 4 | 5 |
| Date of eligibility | Actual Date of release | Date of expiry of parole | Date of re-admission to Jail | Date of revocation | Remarks if any |
| 6 | 7 | 8 | 9 | 10 | 11 |
| S. No. | Date of receipt of application from Supdt. | Name & No. of prisoner | Whether recommended |
| 1 | 2 | 4 | 4 |
| Amount of sureties | Orders of Government | Date of revocation if any | Remarks, if any |
| 5 | 6 | 7 | 8 |