Bail Vs Parole

Bail Vs Parole In criminal judicial system, there are certain provision to release the accused or a prisoner in a given condition. However, to get such early and conditional release, accused or prisoner has to fulfil certain requirements. Likewise, Parole and bail both the terms are related to release of a criminal or an accused, but both the terms have separate and specific meaning.

What is Meaning of Bail?

Bail is an amount of money or other such property that an accused has to pay as a guarantee or surety that he or she will appear in court whenever asked to do so or his or her trial. If the accused or defendant abide the law and attends all court appearances, the bail is normally returned at the end of the trial. If the accused or defendant fails to appear in court, the bail is forfeited and a warrant may be issued for their arrest.

Bail in Indian Criminal Jurisprudence

Chapter XXXIII of the Code of Criminal Procedure contains provisions relating to grant of Bail. Sections 436, 437, 437A, 438 and 439 of the Code of Criminal Procedure define and what case, the bail will be granted and also specify the power of the Courts to grant bail. Section 436 provides for bail in bailable offences; section 437 provides as to when bail may be taken in case of non-bailable offences; section 437A provides Bail to require accused to appear before next appellate Court; section 438 describes about direction to grant of bail to person apprehending arrest; and section 439 stipulates about special power of High Court and Court of Sessions to grant Bail.

So, the provision of granting bail is to release the accused from custody though the Court would still retain constructive control over him through the sureties. In case, the accused is released on his own bail-bond such constructive control could still be exercised through the conditions of the bond secured by him.

Furthermore, in 2011, in Sanjay Chandra vs CBI 3, the Hon'ble Supreme Court held that −

“The grant or refusal to grant bail lies within the discretion of the Court. The grant or denial is regulated, to a large extent, by the facts and circumstances of each particular case. But at the same time, right to bail is not to be denied merely because of the sentiments of the community against the accused. The primary purposes of bail in a criminal case are to relieve the accused of imprisonment, to relieve the State of the burden of keeping him, pending the trial, and at the same time, to keep the accused constructively in the custody of the Court, whether before or after conviction, to assure that he will submit to the jurisdiction of the Court and be in attendance thereon whenever his presence is required.”

Secondly, in Aasu vs. state of Rajastan, the Hon'ble Supreme Court has given a direction that “Bail applications shall be disposed of normally within one week.”

What is Meaning of Parole?

Parole, in Criminal Law, refers to the release of a prisoner from imprisonment upon certain conditions and subject to direct supervision of a parole officer. Likewise, it is a release from prison when the part of the sentence has been served; however, after release, the prisoner is still remaining in custody and under stated conditions. In case, if any prisoner (released on parole) violates the terms and conditions of parole, their parole will be revoked and he or she will be send jail immediately.

Parole in India Criminal Jurisprudence

In India, there is as such no statutory provision that deal with the provision of granting parole. The Code of Criminal Procedure (CrPC), 1973 does not contain any provision related to parole. However, the provision of parole is mentioned in every state’s prison rules. Likewise, the provision of parole is judicial-cum administrative action that state government may take action as required.

Conditions of Granting Parole

Following are some of the essential conditions under which, parole may be granted −

• Serious illness of a family member

• Critical conditions in the family on account of accident or death

• Marriage of any close member of the family

• Delivery of a child by the wife of the prisoner (provided) if there is no other family member to take care of the wife at home

• To pursue the filing of Special Leave Petition before the Supreme Court of India again a judgment delivered by the High Court convicting or upholding the conviction, as the case may be.

Difference Between Bail and Parole

Though both the terms bail and parole are related to release of person from prison, but fundamentally both the terms define different situation and condition of release. The following table illustrates the major differences between bail and parole:

Bail	Parole
Bail is the surety in the form of certain amount or/and some other property that accused has to give against their release from the custody. However, he needs to come court on every date.	Parole, on the other hand, is a conditional release of a prisoner from the jail, for which, he or she does not need to give any money or property; however, he needs to follow the guidelines.
Bail is given to the person who is not convicted (an accused of a crime).	Parole is given to convicted person, who has already served certain period of imprisonment.
Bail is entirely judicial action.	Parole is judicial-cum administrative action.
There is no time period fixed.	Normally, one month time period is fixed after that he or she must return back to jail.
The provision of bail is well defined in the Criminal Procedure Code, 1973.	The provision of parole is not defined the Criminal Procedure Code, 1973.
In State of Haryana v. Mohinder Singh while distinguishing bail from parole, the Hon‟ble Supreme Court has mentioned that Parole is a provisional release from confinement but is deemed to be a part of the imprisonment.	In Sunil Fulchand Shah‟s case while discussing about bail, the Hon‟ble Supreme Court has held that the effect of granting bail is not to set the defendant (or accused) at liberty, but to release him from the custody of law and to entrust him to the custody of his sureties who are bound to produce him to appear at his trial at a specified time and place.

Conclusion

Bail is the legal provision that releases the accused or defendant from the custody on the ground that he or she will co-operate in judicial trial procedure without fail otherwise his or her surety will be confiscated and he or she will be arrested. Parole, on the other hand, was introduced as a technique to motivate prisoners to develop a good, acceptable, and friendly social behavior. And, also to encourage responsible behavior that directly helps the prisoners in their rehabilitation. It also provides an opportunity to reform themselves into a better human being and also to provide them with an opportunity to develop a positive attitude, self-confidence, interest in life, and to maintain their social ties.

FAQs

Q1. What is the difference between regular bail and interim bail?

Ans. Regular bail refers to the bail that is filed under section 437 and 439 of CrPC and subsequently granted by a criminal court (usually) after a person has been formally charged with a crime. This bail is typically set at a fixed amount and is granted after the court has heard evidence and arguments from both the prosecution and defense.

Interim bail, on the other hand, is a temporary release granted by a court to an accused person before he or she has been formally charged with a crime. It is normally granted as a measure of last resort especially when the accused person is facing arrest or detention and needs time to prepare for the bail hearing. On top of this, interim bail is granted for a limited period of time and may be subject to certain conditions, such as surrendering the passport of the accused person.

Q2. What is the cost of regular bail in India?

Ans. The cost of regular bail in India is not fixed rather depends on the following grounds −

• The type and severity of the crime;

• The actus rea and mens rea of the offender;

• The risk of the accused person fleeing.

In addition to this, the cost of the regular bail may also vary depending on the state or territory in which the accused person is being held, as well as the jurisdiction of the court hearing the case.

Q3. Can regular bail be rejected?

Ans. Yes.

Of course, a regular bail can be rejected. However, in case of rejection, one can re-file the bail application in higher court.