Parole and Furlough
/pəˈroʊl ænd ˈfɜːrloʊ/
Criminal Law Term
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Definition
Temporary release mechanisms for convicted prisoners. Parole is a conditional release for a specific purpose (medical treatment, family emergency, or social rehabilitation) — it requires the prisoner to fulfill conditions and return by the specified date; the period of parole is not counted toward sentence. Furlough is a periodic break granted to long-term prisoners (usually after 3 years) as a matter of right to maintain family and social ties — the furlough period is counted as part of the sentence.
Examples
Case Study
In Sunil Fulchand Shah v. Union of India (2000), the Supreme Court discussed the distinction between parole and furlough and held that furlough is a matter of right for long-term prisoners, subject to security and public order considerations. Courts can review arbitrary refusals of furlough under Article 21.
Key Cases
Sunil Fulchand Shah v. Union of India
2000(2000) 3 SCC 409
Distinguished parole from furlough. Furlough is a matter of right for long-term prisoners; arbitrary refusal is challengeable under Article 21. Courts can intervene where parole/furlough is denied without reason.
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