Section 62 in The West Bengal Correctional Services Act, 1992
62. Release on parole.—
(1)A prisoner sentenced to imprisonment for a period of two years or more may be released by the Inspector General of Correctional Services on parole for such period, not exceeding one month excluding the period required for journey from and to the correctional home, as may be prescribed on the execution by the prisoner of a bond for a sum, not exceeding one thousand rupees, and on giving an undertaking of good behaviour during the period of his release on parole without any surety or with surety for such amount of security as the State Government may determine and subject to such other conditions as may be imposed by the State Government, and no prior permission or approval of the police shall be necessary before such release:Provided that if the prisoner owns immovable property sufficient to cover the amount of security, he shall be released on parole without surety on execution of the bond describing the particulars of the immovable property:Provided further that where the immovable property owned by the prisoner is not sufficient to cover the amount of security, the Superintendent may accept a bond executed by a relative of the prisoner possessing immovable property sufficient to cover the amount of security and release the prisoner on parole.(2)No prisoner shall be released on parole under sub-section (1) unless,(a)he has served imprisonment for one year, if he has been sentenced to imprisonment for a period of two years but not exceeding five years; or(b)he has served imprisonment for two years, if he has been sentenced to imprisonment for a period of more than five years;and so such prisoner shall be released on parole during the remaining period of imprisonment.(3)Notwithstanding anything contained in sub-section (1) or sub-section (2), the Inspector General of Correctional Services may grant release of any prisoner for a period not exceeding five days in case of any emergency, such as serious illness of his near relative or friend or marriage of his son, daughter, brother or sister or funeral of his near relative or friend or son or daughter or brother or sister or any ceremony in which his participation according to the prevalent custom is essential:Provided that if the release of a prisoner is immediately necessary on parole in case of any emergency as aforesaid, the Superintendent may subject to ratification by the Inspector General of Correctional Services, release such prisoner for a period not exceeding five days as may be considered necessary, and may requisition police escort for the prisoner during the period of such release and, in such case, the execution of any bond or the furnishing of any surety shall not be necessary.(4)No prisoner shall be released on parole under sub-section (1) if—(a)he is habitual offender, or(b)his release in the ordinary course is due within six months from the date on which he applies for release on parole, or(c)he has been convicted for an offence punishable under chapter XII or chapter XVII (excluding the offence of criminal breach of trust and mischief), or for an offence of forgery punishable under section 465 of the Indian Penal Code (45 of 1860) or for an offence involving violation of the provisions of the Imports and Exports (Control) Act, 1947 (18 of 1947) or of any other law regulating or controlling the essential services and supplies or regulating or prohibiting the adulteration of food and medicine.(5)If during his confinement in a correctional home, a prisoner is elected a member of the legislature of a State or a member of Parliament or a member of a local authority and is required to take his oath as such member before any authority under the provisions of any law for the time being in force, the Inspector General of Correctional Services shall grant him release on parole for such period as may be necessary for the purpose.(6)Notwithstanding anything contained in the foregoing provisions of this section, the State Government may make rules to provide that a prisoner may enjoy the privilege of release on parole for different terms in a year on such conditions as may be specified therein.(7)Except in the case of a prisoner referred to in sub-sections (2) and (3) of section 63, the period for which a prisoner is released on parole together with the period required for journeys from and to the correctional home shall be deemed to be the period for which the prisoner has served the sentence.(8)(a)When a prisoner is released on parole under sub-section (1) or sub-section (3) or sub-section (5), he shall be furnished with a certificate signed by the Superintendent showing the name of the prisoner, the name of the father of the prisoner, the period of release on parole and the place of staying during the said period. A duplicate copy of the certificate shall be retained by the correctional home.(b)The prisoner shall report to the police-station of the place of his staying during the period of release on parole to enable the local police to keep a watch on his activities.(9)After the prisoner has returned to the correctional home on the expiry of the period of parole granted under sub-section (1), the amount of security deposited by him or by any relative or friend of his on his behalf shall be refunded. If the prisoner fails to return to the correctional home on the due date, the amount of security shall, unless satisfactory reasons are shown, be forfeited.
