Procedure for parole or furlough

(1) An application for grant of parole or furlough may be submitted by the convicted prisoner himself or his adult family member before the Superintendent Jail as per Form A. (2) On receipt of an application from a convicted prisoner regarding custody parole or emergency parole, the Superintendent Jail shall immediately send a request to the in-charge of the police station concerned under intimation to the District Magistrate or the Deputy Commissioner of Police or the Superintendent of Police to depute a jail officer not below the rank of Assistant. (1) (2) Superintendent to verify the facts about the custody parole or emergency parole, as the case may be and shall satisfy himself that the reason given in the application is genuine and is according to the provisions of this Act. (3) On receipt of an application from a convicted prisoner for regular parole or furlough, the Superintendent Jail shall send the case of eligible convicted prisoner to the District Magistrate alongwith a copy to the Deputy Commissioner of Police or the Superintendent of Police, in-charge of the police station concerned and competent authority to grant regular parole or furlough. In case, the convicted prisoner is not found eligible for the regular parole or furlough, the Superintendent Jail shall pass speaking order. (4) The Deputy Commissioner of Police or the Superintendent of Police shall submit his report within the specified time limit to the District Magistrate. (5) Only one police verification shall be necessary in a calendar year in case of those convicted prisoners who have peacefully availed two regular paroles or one furlough. However, the competent authority may seek fresh report at its discretion. (6) The District Magistrate shall submit his recommendation or non- recommendation within the time limit as specified in sub-section (11) to the competent authority. (7) After receipt of recommendation or report from the quarter concerned, the competent authority shall take a decision and issue regular parole or a furlough release warrant as per Form B and in case of rejection of regular parole or furlough, speaking order shall be passed. The sanction or rejection, as the case may be, shall be sent to the District Magistrate concerned and the Superintendent Jail with a copy to the Deputy Commissioner of Police or the Superintendent of Police and the convicted prisoner concerned. (8) On receipt of the parole or furlough release warrant from the competent authority, the Superintendent Jail shall inform the prisoner concerned and such member of the prisoner’s family as the prisoner may specify in that behalf for making arrangement for the execution of the personal bond and surety bond as per Form C and D respectively for securing the release: Provided that on the written request of the convicted prisoner, the Superintendent Jail may postpone his release for a period of five days from the date of receipt of release order. (9) Before releasing the convicted prisoner on parole or furlough, the conditions shall be read over to and explained to him and he shall be clearly informed of the date of his surrender.Thereafter, his thumb impression and signatures shall be obtained on his release order and information regarding such release shall be sent to the authorities concerned as per Form E. (10) The in-charge of police station concerned shall keep a watch on the conduct and activities of the convicted prisoner during the temporary release and submit a report in this regard to the Superintendent Jail through the Deputy Commissioner of Police or the Superintendent of Police as early as possible, but not later than one month. (11) The process of deciding the application for a regular parole or furlough shall be completed by the different authorities expeditiously. The maximum time for processing an application for a regular parole or furlough by the different authorities shall be as under: Superintendent Jail: one week; Deputy Commissioner of Police or Superintendent of Police: two weeks; District Magistrate: two weeks; Competent Authority: two weeks: Provided that if the recommendation or report is not received in the stipulated time period, the competent authority may presume that there is nothing adverse against the prisoner and may decide the application accordingly.