Document Fragment View

Matching Fragments

- 10 - 2025:HHC:16071-DB Historically 'parole' is a concept known to military law and denotes release of a Prisoner of war on promise to return. Parole has become an integral part of the English and American systems of criminal justice interwined with the evolution of changing attitudes of the society towards crime and criminals. As a consequence of the introduction of parole into the penal system, all fixed terms sentences of imprisonment of above 18 months are subject to release on license i.e. parole after a third of a period of sentence has been served. In those countries, parole is taken as an act of grace and not as a matter of right and the convict Prisoner may be released on condition that he abides by the promise. It is a provisional release from confinement but is deemed to be a part of the imprisonment. Release on parole is a wing of the reformative process and is expected to provide opportunity to the Prisoner to transform himself into a useful citizen. Parole is thus a grant of partial liberty or lessening of restrictions to a convict Prisoner, but release on parole does not change the status of the Prisoner. Rules are framed providing supervision by parole authorities of the convicts released on parole and in case of failure to reform the promise the convict released on parole is directed to surrender to custody. It follows from these authorities that parole is the release of a very long term Prisoner from a penal or correctional institution after he has served a part of his sentence under the continuous custody of the State and under conditions

5. According to the learned counsel for the appellants, the High Court has not kept in view Rules 4(4) and 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959 in short "the Rules"). The said Rules have been framed in exercise of powers conferred by clauses (5) and (28) of Section 59 of the Prisons Act, 1894 (in short "the Act") in its application to the State of Maharashtra as it stood then. The expression "furlough system" is defined in clause (5-A) of Section 3 of the Act, while the expression "parole system" is defined in clause (5-B) of the said provision. The underlying object of the Rules relating to "parole" and "furlough" have been mentioned in the report submitted by All-India Jail Manual Committee and the objects mentioned in Model Prisons Manual. The "furlough" and "parole" have two