All about bail and its types. Difference between parole and furlough.
- What is Bail?
- Types of bail
- What is the meaning of Parole?
- Types of Parole
- What is the meaning of Furlough?
- Difference between parole and Furlough
- Guidelines of the Home Ministry
- After what period can the parole/second period of leave be availed?
- Can parole be availed before the expiry of the period of 06 months from the last parole?
- Whether convicted convicts can avail of Parole/ Furlough for a minimum mandatory life sentence without remission?
- Application for convicted convict parole/furlough in Armed Forces General Court
- Order of administration challenged when not deciding on the parole/ furlough.
Article 21, Constitution of India gives all the right to life and personal liberty. Until proven guilty, a person shall be presumed innocent. Consequently, unless a fair and just process is initiated, the accused cannot be deprived of his liberty. In this article, important information related to bail has been discussed.
There is no definition of "bail" in the Criminal Procedure Code of 1973. The bail provisions are specified in CrPC 436-450. The first schedule of CrPC also sets which offenses are bailable and not. Non-bailable offenses are much more serious offences. The Constitution of Indian guarantees the protection of life and personal liberty to all persons under Article 21. It ensures the fundamental right to live with human dignity and personal independence, which gives us the right to seek bail if we are any law enforcement authority arrests vision of anticipatory bail, and it is provided under section 438 was introduced in the CrPC. This is based on the recommendation of the Law Commission of India, which in its 41st report recommended the inclusion of the provision of anticipatory bail.
What is Bail?
The word 'bale' is derived from an Old French verb 'baler' which means 'to give' or 'to deliver.' Bail refers to the provisional release of an accused in a criminal case in which the Court has not yet announced a decision. According to the Black Law Dictionary, bail is - "the security required by a court for the release of a prisoner who must be produced in the future." The purpose of arrest is to bring the accused to justice by producing them before the Court. 'Bail' refers to releasing an accused of certain offenses by ensuring his future appearance in the Court for trial and forcing him to remain within the Court's jurisdiction.
Types of bail:
- Regular bail
The accused can apply for regular bail under sections 43 and 439 of CrPC. Through this, the Court orders a person under arrest to be released from police custody after paying the amount as bail money.
- Interim bail
It is a direct order by the Court to grant temporary, and short-term bail to the accused till his regular or anticipatory bail plea is pending before the Court.
- Anticipatory bail
It is a direct order of the Sessions or High Court to grant bail before arrest to an accused of an offence. When a person is apprehensive about being arrested, that person can apply for anticipatory bail. Sometimes, an application for anticipatory bail can go against the person, as it can alert an investigating agency about that person's involvement in the crime.
What is the meaning of Parole?
- Parole means to release a prisoner temporarily for a particular purpose or in full before the end of a sentence on the promise of good behavior.
- Parole word is derived from the French phrase "Je donne ma parole," which means "I give my word." Parole prisoners can return to society and
- socialize with families and friends.
- This requires periodic reporting to the authorities for a specified period. It is awarded to a person who has already served a portion of his sentence.
- It is a system of releasing a prisoner with the suspension of sentence. The release is conditional, usually subject to behavior, and requires periodic reporting to authorities for a set period.
- Parole is not a right and is granted to a prisoner for a specific reason, such as the death of a family or the marriage of a blood relative.
- A prisoner may be refused, even if he gives sufficient cause if the competent authority is satisfied that it would not be in the interest of society to release the convict.
- The prisoner must have served not less than one year in prison and remission.
- Prisoners can apply for parole again only after six months of parole.
- If the prisoner has committed any crime during his previous parole period, the prisoner should not be eligible for further parole.
- The prisoner should not have violated any of the rules and restrictions of his previous release.
Types of Parole:
- Regular parole
In all other cases, the Government may consider applications for regular parole.
On the following grounds on which an application for detention can be considered:
- Serious illness of a family member.
- The family members are in critical condition due to an accident or the loss of any family member.
- In case no other family member is available to take care of the convict's wife during childbirth.
- Serious condition to the life or property of the convict's family, including damage caused by natural calamities.
- Marriage of any member (son, daughter, sister, or brother) of the convicted family.
- Maintaining social and family ties.
- Custody parole
- Custody parole may be granted in emergency events only. When an accused/convict is involved in a serious crime (i.e., murder, rape, dacoity, NDPS, POTA, etc.) and on occasions like death in the family, his presence outside the prison by other family members is necessary; son/daughter marriage, operation of a family member, the Court may then allow the convict to meet his family members along with the police personnel and perform their duties. During custodial parole, the prisoner must be escorted to and from the place of visitation to ensure safe custody of the prisoner. Such prisoners shall be deemed to be in jail for the duration of the sentence, and the time shall be counted as time spent in prison.
What is the meaning of Furlough?
- Furlough is granted in cases of long-term imprisonment. A prisoner's sentence is deemed to have been removed during his leave. To enable the prisoner to maintain family and social ties and counteract the negative consequences of long-term imprisonment should be allowed regularly without reason. The release on Furlough is a necessary and legal right of a prisoner and cannot be waived if permitted by law. It is given in cases of imprisonment for a long time.
Difference between parole and Furlough:
- Both parole and Furlough are considered reformative processes.
- Parole and Furlough are given under the Prisons Act of 1894.
- It means a temporary release of a prisoner for a short period to maintain social relations with their family and the community.
- A parole can be filed after one year from the date of dismissal of appeal against a judgment of conviction.
- Days spent outside the prison during the parole period are not counted as sentences.
- It is a release for a short period after a gap of a particular qualified number of years of incarceration by motivation for maintaining good conduct and remaining disciplined in prison.
- Furlough can be granted to a prisoner sentenced to 05 Years or more of Rigorous Imprisonment who has undergone 03 years of imprisonment after conviction with an unblemished record.
- The period of sentence spent on Furlough by the prisoners need not be experienced as is done in the case of parole.
Guidelines of the Home Ministry:
The Home Ministry (MHA) has recently revised the Model Prison Manual, 2016 guidelines relating to parole and Furlough:
The Home Ministry has asked the states not to release prisoners on parole, and furloughs are considered a security threat to the state or individuals. Apart from being a mode of punishment, imprisonment also protects society from criminal activities; Therefore, being released on parole is not an absolute right but a concession. Therefore, a balance between ensuring prisoners' rights in society from further harm is considered essential. The parole rules of the states will be reviewed concerning the advantages and disadvantages of such parole. Parole and Furlough cannot be granted regularly. They can be decided by a committee of officers and behavioral experts, especially for prisoners sentenced for sexual offenses and serious crimes such as murder, child abduction, violence, etc. To include an expert psychologist/criminal/correctional administration specialist as a member of the Sentence Review Board and the committee that decides on prisoners' parole and Furlough and obtains their opinion before such temporary release.
After what period can the parole/second period of leave be availed?
The convict can apply for parole after the expiry of the period of 06 months from the previous parole, and in the case of Furlough, the convict can apply after one month of the former Furlough.
Can parole be availed before the expiry of the period of 06 months from the last parole?
Yes, in emergencies, parole can be availed before the expiry of 06 months from the previous parole. An emergency may include delivery of a child by the wife of the convict, death of a family member, marriage of children, terminal illness of a family member, and natural calamities.
Whether convicted convicts can avail of Parole/ Furlough for a minimum mandatory life sentence without remission?
Yes, Parole/Furlough can be availed by convicted convicts for a minimum mandatory life sentence without remission.
Application for convicted convict parole/furlough in Armed Forces General Court:
Offenders convicted by the Armed Forces General Court can apply for parole/Furlough to the competent authorities as prescribed in the Army Act, BSF Act, etc. And if their application is rejected without any plausible reason, they can challenge their order before the Hon'ble High Court.
Order of administration challenged when not deciding on the parole/ furlough:
The order of administration can be challenged if the administration does not decide on the application for parole within 04 weeks and in the case of Furlough within 02 weeks after the application is received.
State authorities need to review their guidelines to ensure prisoners are given facilities and concessions through parole and Furlough. Parole is inevitable. The parole system appears to be rational and necessary in this context. This is an endorsement of the humanitarian attitude towards the prisoners. The main goal of such rules is to provide criminals with an opportunity to overcome their personal and family difficulties and allow them to remain connected to society. The idea of bail is great in criminal jurisprudence. In non-bailable offences, the accused may be granted bail, subject to certain limitations and conditions. The concept of bail means that the accused cannot be held guilty until his guilt is proved. The provision of bail also brings the noble idea of personal liberty into existence. Conditions to effect individual liberty have been included in the Constitution of India.
To read this article in Hindi-Bail & Its type
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