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"There is no denying of the fact that preventive
detention is not punishment and the concept of serving out a
sentence would not legitimately be within the purview of
preventive detention. The grant of parole is essentially an
executive function and instances of release of detenus on
parole were literally unknown until this Court and some of
the High Courts in India in recent years made orders of
release on parole on humanitarian considerations.
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 intertwined 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-term sentences of
imprisonment of above 18 months are subject to release on
licence, that is, parole after a third of the 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 of 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 perform the promise, the
convict released on parole is directed to surrender to
custody. (See The Oxford Companion to Law, edited by
Walker, 1980 Edn. p.931; Black's Law Dictionary, 5th Edn.,
P.1006; Jowitt's Dictionary of English Law, 2nd Edn., Vol.
2, p.1320; Kenny's Outlines of Criminal Law; 17th Edn.,
pp.574- 76; the English Sentencing System by Sir Rupert
Cross at pp.31-34; 87 et seq; American Jurisprudence, 2nd
Edn., Vol.59, pp.53-61; Corpus Juris Secundum, Vol.67;
Probation and Parole, Legal and Social Dimensions by Louis
P. Carney). It follows from these authorities that parole
is the release of a very long terms 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 that permit his incarceration in the event of
misbehaviour".