1 [THE UTTAR PRADESH (SUPENSION OF SENTENCES OF

PRISONERS) RULES, 2007

 

  In Pursuance of the provisions of clause (3) of the Article 348 of the Constitution the Governor is poleases to order the publication of  the following English translation of notification No. 472 JL/XXII-3-07-21-G-89, Dated February 15, 2007.

 

                In exercise of powers conferred by sub-section (5) of Section 432 of the Code of Criminal procedure, 1973 (Act No. 2  of 1974) the Governor her by makes the flowing general rules to give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with.

 

  1. Short title commencement an extent.- (1) These rules shall be called the Uttar Pradesh (Suspension of Sentence of Prisoners) Rules, 2007.
  2. They shall come into force with effect form date the date of their publication in the Gazette.
  3. They shall extend to the whole of Uttar Pradesh.
  4. These rules shall apply to the prisoners convicted by the courts in Uttar Pradesh for the offense to which the executive power of the State extends whether confined in Jail wihin the State of Uttar Pradesh or outside the state but do no apply to,-

(a)     The prisoners convicted for an offence to which the executive power of the States does not extend.

(b)     The prisoners who have filed any appeal or revision in any court against sentence, during pendency thereof.

(c)     The prisoners against whom any other criminal case is pending before any court.

(d)     The prisoners convicted for an offence for which suspension of sentence is not admissible in any law.

2. Definitions. – (i) In these rules, unless the content otherwise require, “Commissioner” means Divisional Commissioner;

                (ii) “Governor” means the Governor of Uttar Pradesh ;

                (iii) “Government” means the State Government of Uttar Pradesh ;

                (iv) “State” means the State of the Uttar Pradesh ;

                (v) “Form” means f form operated to these rules.

3. Power to suspend sentence. (1) The Government may suspend the sentences of a prisoner up to one month on following grounds :-

                (a)  illness of prisoner’s parents, husband or wife, son daughter, brother or sister; or

                (b) death of any one of the relative mentioned in sister’

                © Marriage of son, daughter, brother or sister;

                (d) for sowing or harvesting of agricultural crops on his own land prorated no other                                  alternative arrangement for the same is available;

                (e) for the essential repair of his house provided no other alternative arrangement for the                        same is available.

 

(2) The Government may in special circumstances extend the period of suspension of sentence referred to in sub- rules (1) for a period not exuding one month.

 

  1. Extension of  the period of suspension after two month. - (1) The period of sspensionof a sentence of a prisoner beyond tow months may in exceptional circumstances, be increased with prior approval of the Governor.

 

        (2)           The total period suspension of sentence of a prisoner may ordinarily not exceed twelve months, but in exceptional circumstances the period of suspension of sentences of  a prisoner may exceed twelve months with prior approval of the Governor.

 

  1. Procedure for suspension of sentence.- (1) The application for suspension of sentences may be submitted in prescribed Form-I by the prisoner himself or by a member of the family or a close relative of the prisoner in duplicate through the superintendents of the Jail concerned, who shall forward one copy of it along with his comments and Jail reports in Form II to the Government and another copy to the District Magistrate concerned.

(2)           The Government may call for the report form the District Magistrate and superintendent of police concerned on the desirability of the suspensions of the sentence of the prisoner, wgho after conducting such enquiry as deemed necessary shall submit their report in Form II within 30 days to the Government. In appropriate cases Government may call for the opinion under sub-section (2) of Section 432 of the Code of Criminal Procedure, 1973.

 

(3)           The Government shall call for report form the superintendent of the Jail concerned regarding age condition of health, sentence and conduct of the prisoner in Jail.

 

(4)           No prisoner shall be released on suspension of sentence unless he furnishes sureties along with personal bond to the satisfaction of the District Magistrate to the effect that he shall surrender in Jail concerned on expiry of the period of suspension of sentence and shall maintain peace and good conduct during her period of suspension of sentence.

 

6.             Conditions for suspension of sentence. – (1) Suspension of sentence shall not be granted to the prisoner convicted for life imprisonment for an offence of murder unless the prisoner has served minimum  three years sentence without remission, and for those convicted for an offence of a deacoity served minimum four years sentence without remission. In all other cases suspension of sentence shall not be granted unless the prisoner has served minimum one year sentence without remission.

 

                (2) Suspension of sentence may not be granted to a prisoner convicted for heinous crime or to a habitual offender if the District Magistrate or superintendent of police is of the opinion that the release of the prisoner may adversely affect peace and tranquility of area.

 

(3)     The period of suspension of sentence shall not count towards the period of sentence served.

(4)     The sentence of a prisoner may be suspended for not more than once ina calendar year :

Provided that in exceptional circumstances such as- death of prisoners parents, Husband or wife, son, daughter, brother or sister or marriage of a prisoners son, daughter, brother or sister or in natural calamities. The sentence of prisoner may be suspended for the second time in a calendar year.

                 7. Punishment for violation of conditions of suspension of sentence.- (1) The superintendent of Jail shall inform to the District Magistrate of concerned district and the Director General of Prisons about the over stay and unauthorised absence of a prisoner form the Jail after expiry of the period of suspension of the sentence and request the District Magistrate and Superintendent of Police concerned to cause the arrest of the said prisoner.

                 (2) Any prisoner whose sentence has been suspended for a specified period :-

                (a) If surrenders in Jail after unto seven days the indiscipline shall be recorded in has Jail roll.

                (b) If surrenders after up to twenty nine days the indiscipline shall be recorded in his roll and  suspension of sentence shall not be granted to him unless until expiry of six months after one year form the dare of surrender to the Jail.

                © If surrenders after one month, indiscipline shall be recorded in his roll and suspension of sentence shall not be granted to him unless until of one year after one year form the date of surrender to the Jail.

(e)     If surrenders after two months, indiscipline shall be recorded in his roll and suspension of sentence shall not be granted to him until expiry of one and half year after one year from the date of surrender to the Jail.

(f)      If overstays for more than twelve months, suspension of sentence of such prisoner shall not ordinarily be granted.

(g)     If the suspension of sentence has been obtained by furnished working and misleading facts, no suspension of sentence shall be granted to such prisoner in future.

FORM  I

APPLICATOIN FOR PAROLE

[See Rule 5 (1)]

 

1. Name of prisoner ………………………………………………………………………………………….

2. Name of Father/ Husband ………………………………………………………………………………….

3. Address of prisoner …………………………………….Village /City …………………………………….

4. Police Station ……………………………………………………………………………………………....

5.Tehsil ………………………………………………………………………………………………………..

6. District …………………………………………………………………………………………………......

7. Jail where prisoner is confirmed …………………………………………………………………………

8. Section of crime and sentence awarded to prisoner…………………………………………………………

………………………………………………………………………………………………………………

9. Name of the convicting court ……………………………………………………………………………....

10. Date of sentence …………………………………………………………………………………………..

11. Total sentence Served till date: …………………………………………………………………………...

      (A) Without Remission ………………………………………(B) With Remission………………………

12. Whether any appeal or revision is pending before any  court ……………………………………………

13. Whether parole was granted earlier by any court, If yes, give details …………………………………....

…………………………………………………………………………………………………………………

14. Grounds of parole application ……………………………………………………………………………

15. Period for which parole is parole is applied :-…………………………………………………………….

16. If Request for extension  of parole is applied :- ………………………………………………………….

   (A) Total period of parole sanctioned till date ………………………………………………………………

   (B) Number of times parole granted ………………………………………………………………………...

   © Date of which sanctioned previous parole is expiring ……………………………………………………

   (D) Period for which extention  parole is parole is applied …………………………………………………

17. If Parole is applied on grounds of marriage, then :-

   (A) Name of the girl  and father’s name …………………………………………………………………….

   (B) Age of the girl …………………………………………………………………………………………..

   © Name of the boy and father’s name ………………………………………………………………………

   (D) Age of boy ………………………………………………………………………………………………

 

Note :- The details of boy and the girl whose marriage is to be solemnised  be given essentially.

 

18. If Parole is applied for agricultural work :-

   (A) Whether application is for Cultivation …………………………………………………………………

   (B) Whether application is for Harvesting of Crop …………………………………………………………

   © In both the cases indicate whether some other person is not available for the above work, give details

       …………………………………………………………………………………………………………....

 

19. If the parole is applied for house repairing :-

    (A) Nature of repair ………………………………………………………………………………………..

    (B) When the repair was done previously ?

   © Where some other person can not perform the work, if not, why ……………………………………

       …………………………………………………………………………………………………………….

20.  Any other reason for Parole ……………………………………………………………………………....

                                                                                                                                                Signature of applicant

 

                                                                                1. Name of applicant ………………………………………….

                                                                                2. Name of Father/Husband …………………………………..

                                                                                3. Relation with the Prisoner ………………………………….

                                                                                4. Village /Town ………………………………………………

                                                                                5. Post office ………………………………………………….

                                                                                6. District ……………………………………….......................

 

Special Information :-

 

(1)     The period of parole shall not count towards the sentence.

(2)     Parole for more than one month in a calendar year (between 1st January to 31st December ) shall not be sanctioned by District Magistrate/ Commissioner.

(3)     Application for more than one moth Parole shall be referred to Government by District Magistrate.

 

 

                                                                 -------------------------

FORM – II

PROFORMA FOR JAIL REPORT

[See Rule (1)]

 

1. Name of the Prisoner, Father’s Name and Convict No…………………………………………………….

    ………………………………………………………………………………………………………………

2. Full Address of the Prisoner ……………………………………………………………………………….

3. Age of the Prisoner and Date of Birth ……………………………………………………………………..

4. Name of the Convicting Court ……………………………………………………………………………..

5. Crime No. ST. No., Crime Sections and period of Sentence ……………………………………………….

…………………………………………………………………………………………………………………

6. Date of Sentence ……………………………………………………………………………………………

   (A) Date of Admission in Jail ……………………………………………………………………………….

   (B) Date of Re- Admission in Jail ………………………………………………………………………….

 7. Detail of Commutation and date of death sentence, life imprisonment or any other ……………………..

   Life imprisonment or any other Sentence ………………………………………………………………….

8. Detail of Sentence Served by the Prisoner :-

  (A) Without Remission ………………………………………………………………………………………

  (B) Remission Earned ……………………………………………………………………………………….

   © Total Sentence with Remission …………………………………………………………………………..

 9. Status of pending Appeal/Revision before the court ……………………………………………………...

10. Detail of other pending cases against the prisoner (If any ) ………………………………………………

11. Conduct of prisoner in Jail (Along with details of Jail punishment )……………………………………...

12. Full detail of previous parole/ home leave sanctioned to the prisoner ……………………………………

13. Whether the Prisoner has surrendered in time in Jail on earlier sanctioned home leaves ……………......

 

(A) If Surrendered late, The period and detail of punishment awarded ………………………………………

     ……………………………………………………………………………………………………………..

14. Whether Mercy petition of the prisoner is pending ……………………………………………………….

 

 

FORM – III

PRESCRIBED FORM FOR OBTAINING REPORT FORM

DISTRICT MAGISTRATE

[See Rule 5 (2)]

 

1.Bref Criminal history of prisoner and latest position of pending cases …………………………………….

    ………………………………………………………………………………………………………………

    ………………………………………………………………………………………………………………

2. Detail of family members of the prisoner …………………………………………………………………..

    ………………………………………………………………………………………………………………

3. Detail of parole /Home leave previously availed by the prisoner and his conduct during the period ……..

    ……………………………………………………………………………………………………………...

    ………………………………………………………………………………………………………………

4. Confirmation of grounds/reason for grant of parole as mentioned by the prisoner ……………………….

   ……………………………………………………………………………………………………………….

5. Self explained recommendations along with reasons whether the parole should be sanctioned to the         prisoner or not ……………………………………………………………………………………....

     ……………………………………………………………………………………………………………

 

 

NOTIFICATION

 

 

                English translation of Grih (Karagar) Anubhag-2 Noti. No. 1088/XXII- 1-96-423-81, dated April 19, 1996, published in the U.P. Gazette, Extra., Part 4, Section (Kha), dated 19th April, 1996, p. [AP 182]

 

                In continuation of the Notification No. 4182/XXII- 1 – 423 -81. dated October 22, 1981 and No. 477XXII-1 -93-423-81, dated February 22, 1993 relating to appointment of the district Magistrates as ex officio Deputy Inspector General of Prisons, the Governor in exercise of powers under sub-section (2) of Section 5 of the Prisons Act, 1894 (Act No. IX of 1894), is pleased to appoint, with effect form the date of publication of this notification in the Gazette the District Magistrates of Padrauna, Bhadohi, Mahoba, Udham Singh Nagar and Ambedkar Nagar districts in Uttar Pradesh as ex officio Deputy Inspector General of Prisons within the local limits of the area within which they exercise jurisdiction .