[ACT
NO. 15 OF 2022] [31st March, 2022] AN ACT to provide for the
temporary release of prisoners for good conduct on certain conditions. Be it
enacted by the Legislature of the State of Haryana in the Seventy-third Year of
the Republic of India as follows:– (1)
This Act may be called the Haryana Good
Conduct Prisoners (Temporary Release) Act, 2022. (2)
It extends to the whole of the State of
Haryana. (3)
It shall be applicable to all such convicted
prisoners who have been confined by the orders of Courts having jurisdiction in
Haryana. (4)
It shall come into force on such date as the
State Government may, by notification in the Official Gazette, appoint in this
behalf. (1)
In this Act, unless the context otherwise
requires,- (a)
“competent authority” means the competent
authority as notified by the State Government for the purposes of this Act; (b)
“convicted prisoner” means a person confined
in a jail or other institution of like nature under a sentence of imprisonment
for life or imprisonment by any Court in India or the Court-martial or any
other authority exercising the powers of a Criminal Court; (c)
“Deputy Commissioner of Police” means the
Deputy Commissioner of Police of the district within whose jurisdiction the
convicted prisoner after his temporary release under this Act is likely to
reside during the period of his temporary release; (d)
“District Magistrate” means the District
Magistrate of the district within whose jurisdiction the convicted prisoner
after his temporary release under this Act is likely to reside during the
period of his temporary release; (e)
“Form” means form appended to this Act; (f)
“furlough” means temporary release from
custody of a convicted prisoner as an incentive on account of his good
behaviour and conduct over a period of time as specified under this Act. The
period of furlough may count towards the awarded sentence subject to the
conditions as specified in this Act or rules made thereunder; (g)
“hardcore convicted prisoner” means any
prisoner- (i)
who has been convicted for any of the
following offences:- (1)
robbery under section 392 or section 394 of
the Indian Penal Code, 1860 (Central Act 45 of 1860); or (2)
dacoity under section 395 or section 396 or
section 397 of the Indian Penal Code, 1860 (Central Act 45 of 1860); or (3)
kidnapping for ransom under section 364-A of
the Indian Penal Code, 1860 (Central Act 45 of 1860); or (4)
murder or attempt to murder for extortion
under section 387 read with section 302 or section 387 read with section 307 of
the Indian Penal Code, 1860 (Central Act 45 of 1860); or (5)
rape or penetrative sexual assault or
aggravated penetrative sexual assault or unnatural offence with murder under
section 376 or section 377 read with section 302 of the Indian Penal Code, 1860
(Central Act 45 of 1860); or (6)
rape or penetrative sexual assault or
aggravated penetrative sexual assault or unnatural offence with a child below
sixteen years of age; or (7)
gang rape or rape as covered under section
376-A or section 376-C or section 376-D or section 376-E of the Indian Penal
Code, 1860 (Central Act 45 of 1860); or (8)
serial killing i.e. murder under section 302
of the Indian Penal Code, 1860 (Central Act 45 of 1860) in two or more cases in
different First Information Reports (FIRs); or (9)
murder under section 302 of the Indian Penal
Code, 1860 (Central Act 45 of 1860), if the offender is involved in contract
killing as apparent from the facts mentioned in the judgment of the case; or (10)
lurking house trespass and convicted under
section 458 or section 459 or section460 of the Indian Penal Code, 1860
(Central Act 45 of 1860); or (11)
offence under section 121 or section 121-A or
section 122 or section 123 or section 124 or section 124-A of the Indian Penal
Code, 1860 (Central Act 45 of 1860); or (12)
immoral trafficking under sections 3, 4 or 5
of the Immoral Traffic (Prevention) Act, 1956 (Central Act 104 of 1956)
involving minors or under sections 366-A, 366-B, 372 or section 373 of the
Indian Penal Code, 1860 (Central Act 45 of 1860); or (13)
offence under section 15(c) or section 17(c)
or section 18(b) or section 19 or section 20(c) or section 21(c) or section
22(c) or section 23(c) or section 24 or section27-A of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (Central Act 61 of 1985); or (14)
escaping or helping to escape from lawful
custody and convicted under section 224 or section 225 of the Indian Penal
Code, 1860 (Central Act 45 of 1860); (ii)
who during a period of five years immediately
before his conviction has earlier been convicted and sentenced for commission
of one or more offences mentioned in Chapter XII or XVII of the Indian Penal
Code, 1860 (Central Act 45 of 1860), except the offences covered under clause
(i) above, committed on different occasions not constituting part of the same
transaction and as a result of such conviction has undergone imprisonment at
least for a period of twelve months: Provided that if a
conviction which has been set-aside in appeal or revision then any imprisonment
undergone in connection therewith shall not be taken into account for the above
purpose; or (iii)
who has been sentenced to death penalty or
imprisonment till natural life; or (iv)
who has been found in possession or detected
of using wireless communication device or its components or any unauthorised
electronic device inside the jail premises; or (v)
who fails or failed to surrender himself
within a period of ten days from the date on which he should have so
surrendered on the expiry of the period of parole or furlough for which he was
released; or (vi)
who commits a cognizable offence punishable
with imprisonment for a period of seven years or above during confinement in
the jail or during his temporary release under this Act; or (vii)
who has been punished more than two times
with a major punishment by the Superintendent Jail concerned for committing any
jail offence or convicted in judicial proceedings by the concerned Court; or (viii)
who has been detained or convicted under the
National Security Act, 1980 (Central Act 65 of 1980), the Terrorist and
Disruptive Activities (Prevention) Act, 1987 (Central Act 28 of 1987), the
Official Secrets Act, 1923 (Central Act 19 of 1923), the Foreigners Act, 1946
(Central Act 31 of 1946) or any Act (Central or State) for control of organised
crime; (h)
“member of convicted prisoner’s family” means
the spouse, children, sibling, parent, grandparent and grandchildren of
convicted prisoner; (i)
“parole” means temporary release of a
convicted prisoner from custody and is categorized as under:- (i)
‘custody parole’ means escorting of a
convicted prisoner under armed police custody to the place of visit (within the
territory of Republic of India) and return therefrom for a specific period and
for specific reasons as provided under this Act; (ii)
‘emergency parole’ means parole granted to a
convicted prisoner by the Superintendent Jail when a member of the convicted
prisoner’s family has died or is in serious condition or the convicted prisoner
himself is in serious condition under section 5; (iii)
‘regular parole’ means parole granted to a
convicted prisoner by the competent authority under section 3; (j)
“Superintendent of Police” means the
Superintendent of Police of the district within whose jurisdiction the
convicted prisoner after his temporary release under this Act is likely to reside
during the period of his temporary release; (k)
“sentence” means sentence of imprisonment
finally delivered in appeal or revision or otherwise and includes an aggregate
of one or more sentence; (l)
“Superintendent Jail” means the
officer-in-charge of jail or other institution of like nature in which the
convicted prisoner is confined; (m)
“State Government” means the Government of
the State of Haryana in the administrative department; (n)
“temporary release” means temporary release
of a convicted prisoner on custody parole or emergency parole or regular parole
or furlough. (2)
Words and expressions used herein but not
defined shall have the same meaning as assigned to them under the Prisons Act,
1894 (Central Act 9 of 1894), rules made thereunder and as contained in the
Punjab Jail Manual. (1)
The competent authority shall grant regular
parole to a convicted prisoner subject to such conditions and procedure as
specified under sections 11 and 12. (2)
The period for which a convicted prisoner may
be released under this section shall be ten weeks in a calendar year
cumulatively and the convicted prisoner may avail it in two parts: (3)
Convicted prisoner who has not completed one
year of sentence after conviction shall not be eligible for regular parole: Provided
that the restriction shall not be imposed on old aged convicted prisoner of seventy
years or above in case of male and sixty-five years or above in case of female. (4)
The report of the Deputy Commissioner of
Police or the Superintendent of Police, as the case may be and recommendations
by the District Magistrate shall be submitted to the competent authority within
time limit as specified under this Act, for temporary release of a convicted
prisoner on regular parole. (5)
The period of release under this section
shall not count towards the actual sentence of a prisoner. No ordinary
remission shall be granted for this period. (1)
The competent authority shall grant furlough
to a convicted prisoner subject to such conditions and procedure as specified
under sections 11 and 12. (2)
The period for which a convicted prisoner may
be released under this section shall be three weeks and this period shall not
be availed in parts: Provided that the convicted
prisoner who has completed his three/fourth of the total sentence in case of
term sentence and ten years in case of life imprisonment, the period of release
under this section shall be four weeks and this period shall not be availed in
parts. (3)
Convicted prisoner who has not completed
three years sentence after conviction shall not be eligible for furlough: Provided that the convicted
prisoner who has been punished for any jail offence or for violation of
conditions of temporary release during the last three years shall not be
eligible for furlough: Provided further that the
convicted prisoners sentenced under the Narcotic Drugs and Psychotropic
Substances Act, 1985 (Central Act 61 of 1985) or sedition or rape with murder
or robbery or dacoity with murder or murder with intention of collecting ransom
or extortion or sexual offences against a child below twelve years of age or
sentenced to undergo imprisonment till natural life shall not be eligible for
furlough. (4)
The report of the Deputy Commissioner of
Police or the Superintendent of Police, as the case may be and recommendation
by the District Magistrate shall be submitted to the competent authority within
time limit as specified under this Act, for temporary release of a convicted
prisoner on furlough. (5)
Subject to the provisions of clause (d) of
sub-section (3) of section 9, the period of release under this section shall
count towards the actual sentence undergone by a prisoner. (1)
The competent authority shall grant emergency
parole to a convicted prisoner subject to such conditions and procedure as
specified under sections 11 and 12. Emergency parole shall be granted to a
convicted prisoner any time irrespective of the period of sentence undergone by
him if a member of the convicted prisoner’s family has died or is in serious
condition or the convicted prisoner himself is in serious condition. (2)
The competent authority shall verify the
facts through in-charge of the police station concerned or through a jail
officer not below the rank of Assistant Superintendent Jail who shall submit
his report within twenty-four hours. The facts of the serious condition of the
convicted prisoner or his family member shall be certified by the Medical
Officer concerned and countersigned by the Civil Surgeon concerned. (3)
The period for which a convicted prisoner may
be released under this section shall be decided by the competent authority
which shall not exceed four weeks in a calendar year cumulatively and the
period may be in parts. (4)
The period of release under this section
shall not count towards the actual sentence of a prisoner. No ordinary
remission shall be granted for this period. (1)
The competent authority shall grant custody
parole to a convicted prisoner subject to such conditions and procedure as
specified under sections 11 and 12. (2)
Notwithstanding anything contained in
sections 3, 4 and 5, no hardcore convicted prisoner shall be entitled to be
released on emergency parole or regular parole or furlough: Provided that a hardcore
convicted prisoner may be granted custody parole for attending funeral of his
family members or marriage of his children or siblings. (3)
Notwithstanding anything contained in
sub-section (1), a hardcore convicted prisoner, who has not been awarded death
penalty or life imprisonment till natural life and has completed five years of
his sentence (including maximum two years under trial period), without
committing any major jail offence or any cognizable offence during the last
five years, shall be entitled for emergency parole or regular parole or
furlough at par with convicted prisoners. Such period of five years shall be
counted from the date of his latest offence or act which falls under the
category of hardcore convicted prisoner: Provided that a hardcore
convicted prisoner who has been sentenced for imprisonment till natural life
shall be eligible for emergency parole or regular parole at par with convicted
prisoners only after completion of seven years of imprisonment after
conviction: Provided further that if the
hardcore convicted prisoner so released temporarily violates any condition of
parole or furlough or commits any cognizable offence, he shall be debarred from
such release for next three years. (4)
Convicted prisoner including hardcore
convicted prisoner may be granted custody parole without taking into account
his period of completion of sentence for attending funeral of his family member
or marriage of his children or siblings. (5)
The competent authority shall verify the
facts for granting custody parole through in-charge of the police station where
the prisoner wants to avail the custody parole or through a jail officer not
below the rank of Assistant Superintendent Jail. (6)
Custody parole shall not be granted for more
than six hours for one event excluding the journey time and the police escort
guard for the custody parole shall be provided by the Superintendent of Police
or the Deputy Commissioner of Police of the district within whose jurisdiction
the jail is situated. The period of custody parole shall be treated as period
spent in jail. For the purpose of
calculating the period of temporary release of a prisoner under sections 3, 4
and 5, the dates of departure from and arrival at the jail shall be excluded. Notwithstanding anything
contained in this Act, no convicted prisoner shall be entitled to be released
under this Act if, on the report of the District Magistrate or the Deputy
Commissioner of Police or the Superintendent of Police or otherwise, the State
Government or the competent authority is satisfied that his release is likely
to endanger the security of the State or the maintenance of public order or
cause reasonable apprehension of breach of peace. (1)
On the expiry of the period for which a
convicted prisoner is released under this Act, he shall surrender before 05:00
PM on the day of surrender at jail from which he was temporarily released.
Surrender from temporary release in an intoxicating state shall be treated as
jail offence. (2)
If a convicted prisoner does not surrender
himself as required by sub- section (1) within a period of ten days from the
date on which he should have surrendered, it shall amount to an offence and he
shall be arrested by any Police Officer or Jail Officer without a warrant and
shall be handed over to the officer-in-charge of the jail from which he was
released to undergo the unexpired portion of his sentence. (3)
If a convicted prisoner surrenders himself
before the Superintendent Jail from which he was released within a period of
ten days of the date on which he should have surrendered but fails to satisfy
the Superintendent Jail that he was prevented by any sufficient cause from
surrendering himself immediately on the expiry of the period for which he was
released, the Superintendent Jail may award to the prisoner all or any of the
following penalties after affording the prisoner a reasonable opportunity of
being heard, namely:- (a)
a maximum cut of five days remission for each
day of overstay; (b)
stoppage of canteen concession for a maximum
period of one month; (c)
withholding concession of interviews
(including electronic interviews) for a maximum period of three months; (d)
not to count the period of temporary release
on furlough of the prisoner under section 4 towards his sentence; (e)
warning; (f)
reduction from higher to a lower class or
grade. (1)
Any convicted prisoner guilty of an offence
under sub-section (2) of section 9 shall be punishable with imprisonment of
either description which shall not be less than two years which may extend to
three years and with fine upto one lakh rupees. Explanation.— For the
purposes of this section, the punishment awarded under this section shall be in
addition to the punishment(s) awarded to the prisoner for the offence for which
he was convicted earlier and shall start after execution of all such previous
punishment(s) and the period spent during the trial of the offence committed
under this Act shall not be set off against the punishment awarded under this
Act except for the period which the prisoner spent exclusively for the offence
committed under this Act. (2)
An offence punishable under sub-section (1)
shall be deemed to be cognizable and non-bailable. (3)
The sureties of full amount shall be
forfeited by the District Magistrate on the recommendation of the
Superintendent Jail. (4)
Such convicted prisoner shall also be liable
for any of the punishment as specified under sub-section (3) of section 9. (1)
A convicted prisoner shall be entitled for
consideration for a regular parole or furlough or emergency parole or custody
parole under this Act only, if he is on bail in all the cases which are pending
against him before any Court or competent authority. (2)
(a) The parole or furlough cases of convicted
prisoners who are convicted by the Courts having jurisdiction outside the State
of Haryana and who are undergoing imprisonment in a jail of Haryana on
reciprocal basis or otherwise, shall be initiated by the Superintendent Jail
and forwarded to the competent authority of that State where from he was
convicted, for consideration or sanction or disposal as per the parole or
furlough Act or rules of that State. (b) The parole or furlough
cases of convicted prisoners who are convicted by the Courts having
jurisdiction in the State of Haryana and who are undergoing imprisonment in a
jail in other States on reciprocal basis or otherwise, shall be initiated by
the Superintendent Jail concerned and shall be forwarded to the competent
authority in the State of Haryana wherefrom he was convicted, for
consideration/sanction/disposal as per the provisions of this Act. (c) In case of a convicted
prisoner of the State of Haryana who is also a convict of the State(s) other
than Haryana and is confined in a jail of Haryana or other State, his parole or
furlough case shall be decided by the competent authority of the State where
from he has been convicted and sentenced for more serious crime. If, the
prisoner is convicted for the same offence in different State(s), his parole or
furlough case shall be decided by the competent authority where from he is
convicted first. In such cases, the consent or no objection certificate of all
other State(s) shall also be obtained: Provided that if objection
is not received within one month, it shall be presumed that the State(s) has no
objection for grant of parole or furlough. (d) A convicted prisoner who
is resident of a State other than Haryana but is a convicted prisoner of the
State of Haryana, parole or furlough case of such convicted prisoner shall be
initiated by the Superintendent Jail and forwarded for sanction to the
competent authority with a copy to the District Magistrate, Deputy Commissioner
of Police or Superintendent of Police, where the prisoner wants to avail parole
or furlough, for sending his report or recommendation to the competent
authority within the specified time limit. (e) In case of convicted
prisoner who is sentenced by a General Court-martial, the parole or furlough
shall be granted by the Army authorities as per the provisions of clause (d) of
section 179 of the Army Act, 1950 (Central Act 46 of 1950): Provided that the custody
parole may be granted to such convicted prisoner by the Superintendent Jail. (3)
Any convicted prisoner who has been awarded a
minor punishment for any jail offence, shall not be eligible for any kind of
parole for six months from the date of such offence; and a convicted prisoner
who has been awarded a major punishment for any jail offence or has violated
the conditions of temporary release, he shall not be eligible for any kind of
parole for one year from the date of such offence: Provided that such convicted
prisoner may be sent on custody parole to attend funeral of his family members. (4)
Subsequent parole or furlough case of a
convicted prisoner shall be initiated only after receipt of report of in-charge
of police station concerned through the Superintendent of Police or the Deputy
Commissioner of Police regarding his conduct during the temporary release or
after one month of his surrender in the jail after availing last sanctioned
parole or furlough, whichever is earlier: Provided that the emergency
parole shall be granted to the convicted prisoner anytime irrespective of the
fact that his other parole or furlough case is still under consideration. (5)
No parole or furlough shall be extended in
any case. (6)
Ordinarily, co-accused convicted prisoners
shall not be granted regular parole or furlough simultaneously. (7)
The validity period of emergency parole
warrant shall be for fifteen days from the date of issuance of the order. (8)
The validity period of a regular parole or a
furlough warrant shall be for four months from the date of issuance of the
order. The specific date of release or surrender shall not be fixed in the
release warrant. (9)
The criminal case under sub-section (2) of
section 9 shall be registered at the police station where the temporary release
period is being spent or address given in the application by the eligible
convicted prisoner. In case of the address being outside the State of Haryana,
the criminal case shall be registered at the police station under whose
jurisdiction the jail is situated. (10)
In case of rejection of regular parole or
furlough by the competent authority, another application for the same purpose
shall not be considered before a period of three months from the date of
rejection. (11)
Before any convicted prisoner is released on
parole or furlough, he shall execute a bond amounting to minimum one lakh
rupees extendable to three lakh rupees along with minimum two sureties to the
satisfaction of the competent authority. The bond shall be conditioned that the
convicted prisoner or the hardcore convicted prisoner, as the case may be,
shall surrender before the Jail Superintendent before the expiry of furlough or
parole period: Provided that in case of
hardcore convicted prisoner, a bond shall be executed amounting to minimum two
lakh rupees extendable to five lakh rupees along with minimum two sureties to
the satisfaction of the competent authority: Provided further that the
surety amount shall not be more than one lakh rupees and three lakh rupees
respectively for those convicted prisoners and hardcore convicted prisoners who
have peacefully availed two regular parole and one furlough: Provided further that the
competent authority may call for more than two sureties to a maximum limit of
five by recording reasons in writing. (12)
The competent authority while accepting the
bond under sub-section (11), may impose such conditions, as it may deem fit.
The fitness or sufficiency of the sureties shall be determined by the competent
authority. (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 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 along with 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. (1)
The State Government may, by notification,
make rules for carrying out the purposes of this Act. (2)
Every rule made under this Act shall be laid,
as soon as may be, after it is made, before the House of the State Legislature,
while it is in session. The Haryana Good Conduct
Prisoners (Temporary Release) Act, 1988 (28 of 1988), is hereby repealed: Provided that such repeal
shall not affect- (a)
the previous operation of the Act so repealed
or anything duly done or suffered thereunder; or (b)
any right, privilege, obligation or liability
acquired or incurred under the Act so repealed; or (c)
any penalty, forfeiture or punishment incurred
in respect of any offence committed against the Act so repealed; or (d)
any investigation, legal proceeding or remedy
in respect of any such right, privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid; and any such investigation, legal
proceeding or remedy may be instituted, continued or enforced, and any such
penalty, forfeiture or punishment may be imposed as if this Act had not been
passed: Provided further that
anything done or any action taken under the Act so repealed shall be deemed to
have been done or taken under the corresponding provisions of this Act and
shall continue to be in force accordingly unless and until superseded by
anything done or any action taken under this Act. FORM
A [see section 12(1)] (Application to be filled
by a convicted prisoner or an adult
member of his family for Parole/Furlough) 1.
Number and Name of the prisoner : 2.
Father’s Name : 3.
Caste : 4.
Complete Residential Address : 5.
Reasons for release :
Emergency Parole/Regular Parole/Furlough/Custody Parole (Signature
or thumb impression of the Applicant) DECLARATION BY THE ELIGIBLE
CONVICTED PRISONER I
hereby declare that I request to be released temporarily (Emergency
Parole/Regular Parole/Furlough/Custody Parole)
under section 3 or 4 or 5 or 6 of the Haryana Good Conduct Prisoners (Temporary
Release) Act, 2022, and on being so released shall faithfully comply with the conditions of my release. (Signature or thumb impression of the Applicant) (To be filled by the Superintendent
Jail) Casual/ Hardcore 1.
Number, Name and Age of the Prisoner : 2.
FIR detail : 3.
Full conviction detail alongwith fine : 4.
Detail of period actually
spent in jail : Year Months
Days up to
the date of application (from to ) 5.
Remission Earned : Year Months Days 6.
Unexpired Sentence : Year Months Days 7.
Details of other conviction cases, if any : 8.
Details of pending cases,
if any : 9.
Physical and mental condition of the Prisoner : 10. Conduct in jail : (Details of jail offences
to be enclosed, if any) 11. (i) Date when temporary release
was last granted : (ii) Date when temporary release
was last rejected : 12. Whether the Prisoner is eligible for release as per : provisions of the
Act 13. Recommendations of Superintendent Jail : 14. Any additional remarks : Entries checked
with warrant Dated Superintendent Jail Jail, . FORM
B [see section
12(7)] Now, therefore, Releasing Authority
hereby authorise the temporary release of the said prisoner from custody on emergency parole/regular parole/furlough for a period of (period of release) subject
to the conditions specified below:– (1)
The prisoner
shall during the period of his temporary
release reside at (complete address).
He shall not without
obtaining the prior permission of the District Magistrate visit any place not
specified in the release warrant during
the said period. (2) At the time of his
release on emergency parole/regular parole/furlough, the prisoner shall give to
the District Magistrate full particulars of the place where he intends to reside during the period of his temporary release and shall keep the District
Magistrate informed of any subsequent changes of his residence during the said period. (3) The prisoner
shall during the period of temporary release
keep peace and maintain good behavior. (4) After the expiry of
the said period of (period of release) for which the
prisoner has been temporary released
on emergency parole/regular parole/furlough, the said prisoner shall surrender
himself to the Superintendent Jail from which
he is so released
to undergo the unexpired period if his sentence. (5)
The prisoner
shall before his release on emergency parole/regular parole/furlough furnish to the satisfaction of the District
Magistrate, , a personal bond and
(number of sureties) in the sum of
Rs. (Rupees )
(in words) each for faithful
observance of the conditions
specified in the release warrant. (6) When the surety
furnished becomes insolvent or dies, the State Government may order the
prisoner to furnish fresh surety
immediately and if such surety is not furnished, the State Government may
proceed as if there had been a non-compliance
of the conditions of this order. (7)
In
addition to the action under sub-sections (2) and (3) of section 9 and section
10 of this Act, the amount of bond shall
stand forfeited to the
State Government in case any condition of the bond is not fulfilled. Given under
my hand this day of SEAL Signature of the Releasing Authority Endst. No. Dated (1)
The Superintendent Jail, Jail for
necessary action. (2) The District
Magistrate, for execution
and necessary action. (3) The Superintendent of Police, with the direction to keep a close watch
on the activities of the said prisoner during the temporary release. Signature of the Releasing Authority I son of hereby
acknowledge receipt of the above warrant and understand
the conditions specified in the above warrant of release and I
accept them. Signature and thumb impression of the Prisoner. FORM C [see section
12(8)] Personal Bond of the Prisoner In
the Court of the District
Magistrate, Whereas the Releasing Authority is
pleased to order my release on emergency parole/regular parole/furlough for a period of (period of release) under
section 3 or 4 or 5 of the Haryana
Good Conduct Prisoners
(Temporary Release) Act, 2022, on conditions of my furnishing a personal
bond and a surety bond, each for a sum of Rs. to
observe the condition specified
below. Now, therefore, I do hereby bind
myself to faithfully observe all the conditions mentioned here below and in
case of my making default in observing any of them, I bind myself to forfeit the State Government the sum of Rs. . (1)
I shall during the period of my temporary release reside at (complete address) and shall not without obtaining
the permission of the District
Magistrate, , visit any place not specified in the release warrant. (2)
I shall during the period of my temporary
release keep peace and maintain
good behavior. (3) After the expiry of the period of (period of release) for which I have been temporarily released,
I shall surrender myself to the Superintendent Jail, Jail,
to undergo the unexpired period
of my sentence. (4)
In case my sureties
becomes insolvent or dies, I shall furnish
fresh security immediately. Signature and thumb impression of the Prisoner Accepted
for and on behalf of the Releasing Authority. FORM D This Bond is made on the by
(1st surety) and (2nd Surety)
(hereinafter collectively referred
to as the “Sureties”). (Number of sureties as decided by the releasing authority); Whereas the releasing authority
is pleased to order the release of (Number, Name, Father’s Name and address of the prisoner) (hereinafter referred to as the “prisoner”) on emergency parole/regular parole/furlough for a period of Weeks) under section 3 or 4 or 5 of the Haryana Good Conduct Prisoners
(Temporary Release) Act, 2022, on the condition
of the prisoner furnishing a bond as well as a surety bond each for the sum of Rs. to observe the conditions on which the prisoner has been temporarily released; Accepted for and on behalf
of the FORM E Certificate of conditional release In
exercise of the powers conferred by section 3/4/5 of the Haryana Good Conduct
Prisoners (Temporary Release) Act,
2022, the Releasing Authority, subject to conditions hereinafter set forth,
hereby directs the release of prisoner (Number, Name, Father’s Name and Address
of the prisoner), at present
confined in , Jail,
, for (period of release) in pursuance of warrant, dated (date of warrant of Releasing Authority). He has been permitted to visit the below noted places following the specified
route:- Proceed from Jail, , to (full
address) Return from (full address)
to Jail, Conditions to be observed
by the released prisoner:- 1.
The prisoner
shall proceed forthwith to (full address). 2.
He shall report back to Jail, on (date
and time of surrender). 3.
He shall
not proceed to any
place other than those he has been authorised to visit. 4.
He shall keep peace and maintain
good behavior during
the period of his temporary release. 5.
If in the opinion of Releasing
Authority, he is found to have committed
a breach of any of these conditions, it may cancel his release warrant and direct his re-admission to the jail. It
is certified that the conditions specified in the above said temporary release
warrant have been read over to the
prisoner, he understands and acknowledge them and admit that he is being
temporarily released on the above mentioned conditions . I received directions to be present
at Jail, on (date of surrender). Thumb impression of the
Prisoner I believe that the prisoner
understands the conditions
and acknowledge them. No. Dated 1.
The Divisional Commissioner, Division, w.r.t. (Release Warrant). 2.
The District
Magistrate, w.r.t. (orders
regarding acceptance of sureties). (Personal
bond and surety
bonds of the prisoner
are enclosed). 3.
The Superintendent of Police, with a request
to direct the concerned SHO to keep a close watch on activities of said
prisoner during the period of temporary release. 4.
S.H.O. P.S., District, .
A close watch shall be kept on activities of said prisoner
during the period
of temporary release and submit a report as per sub-section 10 of Section
12 of the Act.HARYANA GOOD
CONDUCT PRISONERS (TEMPORARY RELEASE) ACT, 2022
Provided that in case of delivery of a female convicted prisoner, the period of
release under this section shall be six months, beginning from one month prior
to the expected date of delivery as certified by the Medical Officer of the
jail.
Warrant
for the temporary
release of prisoners
Whereas prisoner (Number, Name, Father’s Name and Address) at present confined
in Jail, under
warrant dated (date of conviction) of (name of sentencing court) has
applied for his temporary release under section
3 or 4 or 5 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022;
And whereas the releasing authority is satisfied that the applicant is entitled to be released
under the Act;
A copy is forwarded to :-
This bond is made on the by
(Number, Name, Father’s Name and Address of the Prisoner).
[see section 12(8)]
Surety Bond
In the Court of the District Magistrate,
And whereas the prisoner has on (date
of execution of personal bond of the prisoner) executed a personal bond for the sum of Rs. to observe the conditions specified
therein.
Now, therefore, the sureties jointly and severally do hereby bind themselves to
forfeit to State Government the sum of Rs. in
case the prisoner makes a default in observing any of the conditions specified in the warrant for temporary release.
Signature of the First Surety.
Signature of the Second Surety.
Releasing Authority
[see section
12(9)]
Attested
Date of temporary Release: ( )
Deputy Superintendent Prison
, Jail,
A copy of the above
is forwarded to the following
for information and further necessary action please:-
Superintendent Jail,
Jail, .