Out of jail on furlough, Ram Rahim heads to U.P. ashram, addresses his followers

Out of jail on furlough, Ram Rahim heads to U.P. ashram, addresses his followers

Subject: Polity

Section: Judiciary

Context: Gurmeet Ram Rahim Singh, chief of Dera Sacha Sauda and a rape convict, on Tuesday walked out of Rohtak’s Sunaria jail on a 21­ day furlough.

What is furlough?

• Furlough is given in cases of long-term imprisonment.
• A prisoner’s sentence is considered to be remitted during his furlough time.
• It is to be allowed on a regular basis for no reason other than to allow the prisoner to maintain familial and social relationships and to counteract the negative consequences of long-term imprisonment.
• The right to be released on furlough is a substantial and legal right of the prisoner, and it cannot be rejected if permitted by law.
• Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.

What is Parole?

• Parole is a system of releasing a prisoner with suspension of the sentence.
• The release is conditional, usually subject to behaviour, and requires periodic reporting to the authorities for a set period of time.
• Parole is considered a reformative process.
• The provision (along with furlough) was introduced with a view to humanising the prison system.
• State governments have their own Prisoner Release on Parole Rules.
• For instance, in Rajasthan, initial parole is granted for 20 days; a second parole is for 30 days, and a third for 40 days. Thereafter, the prisoner can apply for permanent parole.
• Parole is granted by the state executive  and the competent authority takes a final decision on grant of parole on humanitarian considerations.
• If a plea for parole is rejected, the convict can move the High Court challenging the order of the competent authority.

What is Bail?

• Bail is a legal agreement between an accused and the court in which the accused pays a sum of money as an assurance that he/she will appear in court. The accused can be released temporarily on payment of bail. As per the Indian Constitution, every accused is entitled to apply for bail in India.

What are the types of bail?

• There are three main types of bail in India, interim, regular and anticipatory bail:
• Regular bail: This type of bail is granted to a person who is in police custody.
• Interim bail: This is a temporary bail where the higher court calls for documents before a final decision regarding the bail application can be taken.
• Anticipatory bail: This type of bail is granted by the Session Court or High Court to any person who believes that he/she will be arrested for a non-bailable offence.