दिल्ली उच्च न्यायालय विधिक सेवाएँ समिति



What is the difference between parole and furlough?

Parole: It is a temporary release of a prisoner for a short period so that he/ she can maintain social relations with his family and the community. Parole can be filed after one year from the date of dismissal of appeal against a judgement of conviction. Days spent outside the prison during the period of parole is not counted as sentence undergone

Furlough: It is a release for short period of time after a gap of certain qualified number of year of incarceration by way of motivation for maintaining good conduct and to remain disciplined in the prison. Furlough can be granted to a prisoner who is sentenced to 05 Years or more of Rigorous Imprisonment and has undergone 03 years imprisonment after conviction with unblemished record. The period of sentence spent on furlough by the prisoners need not be undergone by them as is done in the case of parole.

What is the difference between Parole and Interim Bail?

Parole can be granted only to the persons whose appeal against a judgement of conviction stands upheld. On the other hand, interim bail can be sought at any stage of the trial/hearing of appeal against an order of conviction.

What is custody parole? When can a convict/ accused apply for custody parole?

When a accused/ convict is involved in any serious offence (i.e. murder, rape, dacoity, NDPS, POTA etc.) and his presence is required outside jail by the other family members on occasions like death in family, marriage of son/ daughter, operation of any family member, then the court can allow the convict along with the police personals to meet his/ her family members and perform his/ her duties.

After how much time the second spell of parole/ furlough can be availed?

The convict can apply for the parole after the expiry of 06 months from the previous parole and in case of furlough the convict can apply after 01 month from the previous furlough.

Whether parole can be availed before expiry of 06 months from the last parole availed?

Yes, parole can be availed before the expiry of 06 months from the last parole in emergent circumstances. The emergency may include delivery of child by the wife of the convict, death of a family member, marriage of children, terminal illness of family member and natural calamities (Ref. rule 1210(V) Delhi Prison Rules 2018.

Whether Parole/ Furlough can be availed by convicts who are convicted for minimum mandatory life sentence without remission?

Yes, Parole/Furlough can be availed by convicts who are convicted for minimum mandatory life sentence without remission.

Whether the NDPS convict can avail Parole/ Furlough?

As per Rule 1224 of Delhi Prison Rules, a person convicted of an offence under NDPS Act, is not eligible for release on Furlough.

Whether a convict convicted in Armed Forces General Court can apply for Parole/ Furlough to GNCT of Delhi or Army/ Paramilitary Court?

The convicts convicted by the Armed Forces General Court can apply for Parole/ Furlough to the competent authorities as prescribed in Army Act, BSF Act etc. and in case their application is rejected without any plausible reason then they can assail its order before the Hon�ble High Court.

Whether an order of administration can be challenged if the administration does not decide the parole/ furlough?

Yes, an order of administration can be challenged if the administration does not decide the application of parole within 04 weeks and within 02 weeks in case of furlough after the receipt of application.

Whether a convict can apply to High Court for simultaneous release on Parole/ Furlough along with his co-convict in same FIR?

Yes, subject to his request for such release is first rejected by competent authority (Ref. 1212(2) & 1224 (Note) of Delhi Prison Rules 2018 applies to GNCT of Delhi), a convict can apply to High Court for simultaneous release on Parole/ Furlough along with his co-convict in same FIR. However, generally, courts do not release co-convicts at the same time. If one convict is granted parole/furlough first, the other co-convict has to wait till the first convict returns to jail before he is allowed to go on parole/furlough.

How much remission is earned by the convict in a year?

The answer of this question depends of the facts of each case- generally 3 to 4 months remission are granted to a convict in a year as per his work and conduct inside the jail. (Ref. Chapter 18 Delhi Prisons Rules 2018).

Whether sentence in default of payment of fine would run concurrently or consecutively along with substantive sentence and whether sentence in default of payment of fine for different offences in one chargesheet would run concurrently or consecutively?

The sentence in default of payment of fine will run consecutively in both the cases. (Ref. Sharad Hiru Kolambe vs. State of Maharashtra & ors, Supreme Court of India Judgment dt.20/09/2018)

Whether a convict can file an application for concurrent running of sentences awarded in different cases/ FIR�s to the High Court after his judgment of conviction has attained finality from Apex Court?

No, by virtue of the decision of Apex Court's rendered in M.R. Kudva vs. State Of Andhra Pradesh, Section 427 cannot be applied in a separate and independent proceedings by the High Court, more so when neither the trial court judge or the High Court, while passing the judgments of conviction and sentence indicated that the sentences passed against the appellant in both the cases shall run concurrently. Section 482 of the Code cannot be resorted to seek concurrent running of sentence.

Whether Appellate Court can suo-motu enhance sentence of a convict?

Yes, Appellate Court can suo-motu enhance the sentence of a convict while using its revisional power U/s 397 r/w Sec 401 Cr.P.C. but in such cases, the convict will be given notice of such proposed enhancement. (Ref. Sahab Singh & ors Vs. state of Haryana (1990) 2 SCC 385 & latest Apex Court Judgment on 22/04/2019 Kumar Ghimirey Vs. State of Sikkim)

Whether it is mandatory to deposit of fine i.e. 20% U/s 143A NI Act when filing revision petition before High Court of Delhi?

No, the said condition is only applicable at the stage of filing an appeal before the Ld. Sessions Court against an order of conviction by the Ld. MM Court.

How soon appeals pending in the category of regular matters are taken?

It depends on the regular list of that particular Court. It also depends on the custody undergone by the convicts. Few benches hear regular matters everyday whereas few benches do not hear arguments in regular matters that frequently. There is no hard and fast rule.

After how much custody a fresh application for suspension of sentence can be filed?

If the first application for suspension of sentence which is filed along with the appeal has been dismissed, a fresh application is generally recommended after a convict has undergone half the period of sentence. However, many a times depending on circumstances, suspension of sentence application can be filed before completing half custody. In case of any urgency or necessity, they can always prefer an application for interim suspension of sentence.

Whether court hearing can be attended by the convicts/ accused?

Yes, the convict/ accused can get filed through his advocate an application seeking his production warrants to attend the court hearing ( If the convict/ accused wants to interact with the arguing counsel they can also use the video conference system through the concerned jail).

Who will do the pairokari of a case filed by the DHCLSC?

In case the convict/ accused is filing any case through the DHCLSC Pairokari is not required as the arguing counsel attends the court hearings and the status of the case is also communicated to the convicts/ accused through video conference and jail visiting advocates.

Whether a convict can seek modification of the orders, or seek release on personal bond or file application for reduction of surety amount?

Yes, the convict/ accused can file an application seeking modification of orders, reduction of surety amount or release on personal bond.

Whether legal aid can be granted to a convict if their case is pending in some other state?

Yes, convicts are entitled to free legal aid in all cases. In cases pending outside Delhi, many a times Jail Visiting Advocates get in touch with Legal Services Committee of those States to channelize or initiate their cases through Legal Services Committee.

What is the amount of fees payable to the legal services advocates?

No fee is to be paid to the Legal Aid Advocate.

Whether a convict can file application for suspension of sentence without filing an appeal?

No, without filing an appeal the sentence cannot be suspended.

Whether an appeal be preferred after the limitation period?

Yes, an appeal can be filed even after the limitation period. The appellant has to file an application for condonation of delay U/s 5 of Limitation Act.

Whether an appeal can be filed if the convict does not have the certified copy of the Judgment and order on sentence?

An application seeking exemption from filing certified copies of the documents can be filed alongwith the appeal and such an application is generally allowed.

Is there any other legal remedy left for the convict after the dismissal of the Review Petition from the Supreme Court of India?

Yes, a convict can approach Hon�ble Supreme Court of India through Curative Petition.

What is nominal roll?

Nominal Roll is a record which is made by the Jail Authorities which consists of Name of convict, age, details of his/ her case, period of sentence and fine, convicting court, address, and conduct of convict. As well as number of days spent on parole, list of application made for parole, list of parole dismissed and the conduct of the convict during the period of parole.

Whether evidence can be lead in appeal?

U/s 391 CrPC, appellate court may take further evidence or direct it to be taken if it thinks such additional evidence is necessary in the interest of justice. Both prosecution as well as the appellant can move an application under this section for adducing additional evidence. The court may impose costs on the party concerned.

Whether state has right to appeal in case of conviction by lower court?

Yes, the state has right to file the appeal U/s 377 CrPC against the sentence on the grounds of its inadequacy.

Whether second appeal can be filed in Criminal Cases?

No, only one appeal is allowed in criminal cases, however Criminal Revision Petition may be filed against the order of appeal.

Whether bail bond amount can be reduced?

Yes, in cases where convict/ accused is unable to furnish the surety due to his poor financial condition.

Whether life convict can be released after serving 14 years of sentence in Jail?

Yes, the state has power to release on the recommendation of Sentence Review Board (SRB). Further, if the SRB rejects the representation of any convict, the convict can challenge the same through writ jurisdiction.

Where should a convict file his appeal ?

When a person is convicted from the magistrate�s court he should appeal in session�s court and if the person is convicted from session�s court the person can challenge the conviction in High Court.

In how many days appeal can be filed?

If a person is convicted by the magistrate court, he/ she can appeal in session court within 30 days from the date of sentence. If the person is convicted by the session court he/ she can appeal before the High Court within 60 days from the date of conviction.

On what grounds a convict can be released on Probation?

The court can release a person on Probation U/s 360 IPC on his good conduct. If a person is less than 21 Years or a woman or a senior citizen who has committed an offence which is punishable other than death penalty or Life imprisonment, the court instead of convicting him/ her may look into his/ her background, previous conduct and age and release the convict on personal bond.

Whether an under trial who had pleaded guilty can file an appeal?

No, as per Section 375 Cr.P.C after pleading guilty, the accused person cannot file an appeal challenging his conviction and he can only challenge the extent or legality of the sentence imposed upon him.