Parole days cannot be counted as part of sentence period: SC
Polity & Governance
31st Mar, 2023
The Supreme Court recently held that period of parole granted to prisoners during the COVID-19 pandemic period to prevent the overcrowding of prisoners.
Key-highlights of the Judgment
- The SC Bench dismissed a writ petition filed by a prisoner who sought for a declaration that the period of parole granted allowed by the High Powered Committee during the pandemic based on the orders passed by the Supreme Court in the suo motu case In Re Contagion of COVID 19 virus in Prisons be counted towards the period of actual sentence.
- The bench relied on the recent judgment in Rohan Dhungat vs. State of Goa which held that parole period cannot be counted towards the period of actual sentence.
- A parole can be defined as conditional release of prisonerse. an early release of a prisoner, conditional on good behaviour and regular reporting to the authorities for a set period of time.
- It can also be defined as a form of conditional pardon by which the convict is released before the expiration of his term.
- Thus, the parole is granted for good behaviour on the condition that parolee regularly reports to a supervising officer for a specified period.
- Such a release of the prisoner on parole can also be temporarily on some basic grounds. In that eventuality, it is to be treated as mere suspension of the sentence for time being, keeping the quantum of sentence intact.
- Release on parole is designed to afford some relief to the prisoners in certain specified exigencies. Parole is granted by Divisional Commissioner Parole can be granted number of times.
- Furlough is a brief release from the prison.
- It is conditional and is given in case of long-term imprisonment.
- The period of sentence spent on furlough by the prisoners need not be undergone by him as is done in the case of parole.
- Furlough is granted as a good conduct remission. The grant of furlough is to break the monotony of imprisonment and to enable the convict to maintain continuity with family life and integration with society.
- Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.
- The grant of furlough must be balanced against the public interest and can be refused to certain categories of prisoners.
- Furlough is granted by the Deputy Inspector General of Prisons. There is limitation in the case of furlough.