The Rajasthan Prisoners Release on Parole Rules, 1958

1 · Noti. No. F. 16(306)Home-2/54, dated 20.12.1958 (Pub . in Raj . Gaz . Part 4 -C dated 23 -7 -1959)

2 · Now see the Provision of Code of Criminal Procedure, 1973 (2 of 1974)

2 · [(f) ' 'Prisoners parole Advisory Committee' (hereinafter referred to as "State Government") means a committee consisting of the following which will make recommendation to the Government for the release of those prisoners on parole whose cases do not fall within the purview of the District parole Advisory Committee and decided (i) as the release of those prisoners on parole in respect of whom the functions of the District Parole Advisory Committee have been assigned to the State Committee, (ii) revocation of the orders of prisoners released on parole and (iii) other like matters arising under the rules which State Committee is required to deal with :-

3 · [(g) "District parole Advisory Committee" means a committee consisting of the following which will decide as to release of the prisoners on First, Second and Third parole revocation of the orders of Prisoners released on parole and other like matters arising under the rules which the District Parole Advisory Committee (hereinafter be referred, to as "District Committee" is required to deal with):-

3 · Application for release on parol. - A prisoner sentenced to imprisonment for not less than one year may,.subject to exceptionally good behaviour, be allowed by the Superintendent Jail, in which he is confined, to submit application for parole in triplicate in Form 1.

1 · Subs by Noti. No. F.4(2)Home 12/87, dated 15.10.1990 (Pub. in Raj. Gaz. Pt. IV-C, dated 28.5.1992)

2 · Ins. vide Noti. No. F.21(58)Gr. 8/78 dated 20.5.1977 and Subs. by f.21(58)home-12/87 (Pub. in Raj. Gaz Pt. IV-C, dated 7.6.1979)

3 · Ins. Vide Not. No. F.21(58)Home-12/87, dated 10.8.1978(Pub. in Raj. Gaz Pt. IV-C, dated 7.6.1979)

2 · [(c) If a prisoner is not eligible for parole under the rules and the Committee keeping in view the condition and circumstances of the prisoner, thinks it proper to release the prisoner on parole on humanitarian grounds, it may recommend the case to the Government. The Government may grant parole to such prisoner as a special case in relaxation of rules. Decision taken in such cases by the Government shall be final.]

1 · Subs. by Noti. No. F.21(58)Home 12/76, dated 10-8-1978 (Pub. in Raj. Gaz Pt. IV-C, dated 7.6.1979)

2 · Ins . Vide Noti. No. F.2(58)Home 8/76, dated 20-5-1977 (Pub. in Raj. Gaz Pt. IV-C, dated 9-6-1977)

3 · Subs. by Noti. No. F.21(58)HOme 12/76, dated 10.8.1978 (Pub. in Raj. Gaz. pt/ IV-c,dated 7.6.1979)

1 · [Provided the cases of prisoners who have been sentenced to imprisonment for life, for an offence for which death penalty is one of the punishments provided by law or who have been sentenced to death but this sentence has been commuted under section 433 of Code of Criminal Procedure into one of life imprisonment shall not be placed before the State Committee for permanent release on parole unless he has served 14 years of imprisonment excluding remission but including the period of detention passed during enquiry, investigation or trial. Such prisoners may be released on parole for 40 days every year for the remaining period of their sentence subject to the conditions stated above.]

2 · [9A. In emergent cases the Superintendent of Jail shall grant parole upto a period of 7 days only subject to confirmation by the Inspector General of Prisons and for a period of not more than 15 days by the Inspector General of Prisons.]

10 · No second and *[subsequent release on parole,except release on permanent parole, shall be made unless] eleven months have elapsed from the date of the expiry of the period of release on parole immediately preceding.

3 · [10A. (i) Notwithstanding] the provision of rule 4 [3, 4, 5], 9 and 10, in emergent cases, involving humanitarian consideration viz. (1) critical condition on account of illness of any close relations i.e. father, mother, wife, husband, children, brother or unmarried sister; (2) death of any such close relation; (3) serious damage to life or property from any natural calamity; and 5 [(4)married of a prisoner, his/her son or daughter of his/or brothers/sisters in case his/her parents are not alive.]

7 · [(i-a) Notwithstanding anything contained in these rules, where a pregnant woman prisoner applies for parole to have her delivery outside the prison, the Director Generalcum-Inspector General of Prisons may grant parole to such a woman prisoner for a period not exceeding forty five days on such terms or conditions as he may consider necessary to impose for the security of the prisoner including a guarantee for her return to Jail,acceptance or execution whereof shall be a condition precedent to the release of such prisoner on parole :

1 · Added vide Noti. No. 4(2)Home-12/Kara/37 Dated 26-5-1994(Pub.in Raj.Gaz.Ex. Ord.4(Ga)(1)dated 1-6-1994)

2 · Ins. vide Noti. No. F.4(17)(4)H.D./Gr.-II/karagar/63, dated 25-3-1966

3 · Ins. vide Noti. No. F.4(17)(4)H.D./Gr.-II/karagar/68, dated 29.5.1970

4 · Subs. by Noti. No. F.21(58)Home12/76, dated 10-8-1978 (pub. in Raj. Gaz. pt. Iv-C, dated 9-6-1979)

5 · Ins. vide Noti. No. F.18(14)Home/Gr.-12/Kara/82, dated 17-12-1982 (Pub.in Raj.Gaz.Pt. IV-v dated 5-1-1983)

6 · Deleted by Noti No. F.21(58)HOme 12/76, dated 10-8-978 (Pub.inRaj.Gaz.Pt. IV-C, dated 7.6.1979)

7 · Ins.Noti. No. F.8(1)Home-12/kara/2006, G.S.R. 9] dated 29-1-2007 (pub. in Raj. gaz. 4(Ga)(1),Dated 8-2-2007, at page 23).(w.e.f.8-2-2007)

1 · [In case the next higher authority does not approve the grant of parole, he may ask the authority granting the parole to revoke the same who shall act accordingly.]

2 · [10B . Special Parole in the wake of COVID-19 Pandemic (i) Notwithstanding anything contained in rules 3,4,5,9,10,and 10A, in the wake of emergent situations of ongoing COVID -19 PANDEMIC which wrrants immediate easing of population of prisoners inthe prison,the State Government in order to secure the interest of prisoners, on the recommendation of the Prisoners Parole Advisory Committee, may grant Special Parole, for a period not exceeding four weeks, to a prisoner who has already availed first, second or third Parole peacefully and his behavior has been good during the period of such parole. The Special Parole under this rule shall be granted on such terms and conditons as may be considered necessary by the State Government:

3 · (2) The prisoners who are already availing first, second or third parole or the parole of 40 days granted every year, as the case maybe, on the date of commencement of these rules i.e the Rajasthan Prisoners Release on Parole (Amendment) Rules, 2020, the period of such parole shall be deemed to be extended upto 03rd May 2020."

1 · Subs.by Noti. No. F.21(58)Home 12/76, dated 10-8-1978 (Pub.in Raj Gaz. Pt. IV_c, dated 9-6-1979)

2 · Noti. No. F.8(9)Home-12/Kara/2020] dated 10.4.2020 (Pub.in Raj Gaz. Pt. IV_c, dated 10.4.2020)

3 · Noti. No. F.8(9)Home-12/Kara/2020] dated 11.5.2020 (Pub.in Raj Gaz. Pt. IV_c, dated 11.5.2020)

1 · [12. Parole period regarded as imprisonment served. -The period for which a prisoner stays on parole under rule 9, without violating the conditions laid down for the purpose, shall be treated as imprisonment served by him. All other kinds of parole shall be treated as sentence suspended.]

15 · Computation of sentences. - For the purpose of these rules the following principles shall be observed in computing the period of sentence of imprisonment, namely:-

1 · Subs.by Noti. No. F.4(2)Home 12/87, dated 15-10-1990 (Pub.in Raj Gaz. Pt. IV_c, dated 28-5-1992)

2 · Subs. vide Noti. No. F.2(58)Home-8/76, date 20.5.977 (Pub, in Raj. Gaz. pt. IV-C, Dated 7.6.1977)

20 · . If the prisoner commits any fresh offence during his parole period, he shall be re-arrested and shall undergo the unexpired portion of his sentence besides any other sentence that may be awarded to him.

1 · Subs. by Noti. No. F.21(58)HOme 12/76 dated 10.8.1978 (Pub, in Raj. Gaz. pt. IV-C, Dated 7.6.1977)

2 · [22. Where the State Government considers it expedient in the interest of affective and quick disposal of applications to release of prisoners on parole or it appears to the State Government that the District Committee is not able to Function properly, it may assign the functions of the District Committee to the State Committee.]

1 · Subs. by Noti. No. F.21(58)Home 12/76, dated 10.8.1978 (Pub, in Raj. Gaz. pt. IV-C, Dated 7.6.1979)

2 · Ins. By ibid.

3 · Prisoner's residence, Mohalla and............. Village, Police Station, District ......................

7 · Sentence.............................................................................

1 · Now see the the Provision of Code of Criminal Procedure, 1973 (2 of 1974) .

1 · The application is rejected.

1 · [It is recommended that the prisoner named above may be released on parole for....... days on furnishing a personal bond of Rs......and two sureties of Rs .....each. Dated....... 200

1 · [The recommendation of the District Magistrate is accepted/rejected.Dated .......200

1 · to be struch off as the case may be.

1 · Now see the the Provision of Code of Criminal Procedure, 1973 (2 of 1974) .

1 · Now see the the Provision of Code of Criminal Procedure, 1973 (2 of 1974) .