Surety Shouldn't Dictate Bail: SC

• 03 Sep 2024

Source: TH 

Why in News?

Recently, the Supreme Court of India (SC) addressed the complexities of bail in a case where an accused, granted bail in 13 criminal cases, faced difficulties in securing sufficient sureties. 

• The court recognised the challenges in securing sureties, often relying on close relatives or friends.  
• The court emphasised balancing the accused's fundamental rights under Article 21 with ensuring his presence in court. Article 21 protects the right to life and personal liberty, applicable to both citizens and non-citizens. 

What is Bail, Parole and Furlough? 

• Bail: Bail is the conditional/provisional release of a person held under legal custody, by undertaking a promise to appear in the Court as and when required.  
  • It signifies a security/collateral deposited before the Court for release. 
  • In Supt. and Remembrancer of Legal Affairs v. Amiya Kumar Roy Choudhry (1973) case, the Calcutta High Court explained the principle behind giving Bail. 
• Types of Bail: 
  • Regular Bail: It is a direction given by the Court to release a person who is already under arrest and kept in police custody.  
    • For such Bail, a person can file an application under Section 437 and 439 of the CrPC (now Bharatiya Nagarik Suraksha Sanhita (BNSS)). 
  • Interim Bail: Bail granted for a temporary and short period by the Court till the application seeking Anticipatory Bail or Regular Bail is pending before a Court. 
  • Anticipatory Bail or Pre-arrest Bail: It is a legal provision that allows an accused person to apply for bail before being arrested.  
    • It is granted under Section 438 of the CrPC (now BNSS). It is issued only by the Sessions Court and High Court. 
• Parole: It 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 not a right, and is given to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative. 
  • It may be denied to a prisoner even when he makes out a sufficient case, if the competent authority is satisfied that releasing the convict would not be in the interest of society. 
• Furlough: It is given in cases of long-term imprisonment. The period of furlough granted to a prisoner is treated as remission of his sentence. 
  • Unlike parole, furlough is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason, and merely to enable the prisoner to retain family and social ties, and to counter the ill-effects of prolonged time spent in prison. 
• Both parole and furlough are considered as reformative processes. These provisions were introduced with a view to humanising the prison system. Parole and furlough are covered under the Prisons Act of 1894.  

UPSC Civil Services Examination, Previous Year Question (PYQ) 

Q. With reference to India, consider the following statements: (2021)

1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right. 
2. State Governments have their own Prisoners Release on Parole Rules. 

Which of the statements given above is/are correct? 

(a) 1 only  
(b) 2 only  
(c) Both 1 and 2 
(d) Neither I nor 2 

Ans: (b)