Custody Parole

Context:  The Delhi High Court granted six ­hour custody parole to national coordinator of the now ­banned Popular Front of India (PFI). About Parole:
  • Parole is a conditional release of a prisoner who has served part of the period for which he was condemned to jail.
  • The release is conditional, usually subject to behaviour, and requires periodic reporting to the authorities for a set period of time. Parole is considered a reformative process.
  • Parole may be denied to a prisoner even when he makes out a sufficient case, if the competent authority is satisfied that releasing the convict would not be in the interest of society.
  • In Sunil Fulchand Shah v. Union of India (2000), the Supreme Court said explicitly that parole does not amount to suspension of sentence.
  • In Election Commission of India vs. Mukhtar Ansari (2017) case, the Delhi High Court declared that custody parole cannot be used as a substitute for bail and cannot be extended for long periods of time or for daily visits.
Custody Parole or Emergency Parole:
  • Custody parole is provided in emergency situations.
  • Except for foreigners and those serving death sentences, all convicted persons may be eligible for emergency parole for 14 days for reasons such as the death of a family member and the marriage of a family member.
Regular Parole:
  • Except in exceptional circumstances, offenders who have served at least one year in prison are eligible for regular parole for a maximum of one month.
Eligibility for the Grant of Parole:
  • A convict must have served at least one year in jail, excluding any time spent in remission.
  • The prisoner’s behaviour had to be uniformly good.
  • The criminal should not have committed any crimes during the period of parole if it was granted previously.
  • A minimum of six months should have passed since the previous parole was terminated.
News Source: The Hindu, ipleaders

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