Many people believe that once a person is convicted or denied bail and sent to jail, there is absolutely no way for them to step outside prison walls until their sentence ends. However, this is not entirely true. Pakistani law recognizes a legal concept known as parole, which allows temporary release of a prisoner under strict conditions.
What Is Parole?
Parole is not a right and not the same as bail. It is a concession granted by the government through an executive order, allowing a convicted or under-trial prisoner to temporarily leave jail for specific humanitarian reasons.
These reasons may include:
- Death of a close family member
- Serious illness of the prisoner or a close relative
- Marriage of a close family member
- Medical treatment that cannot be adequately provided inside jail
Who Can Apply for Parole?
Parole can be considered for:
- Convicted prisoners
- Under-trial prisoners
- Prisoners whose bail has been rejected
However, parole is only granted if the government is satisfied that the prisoner’s temporary release will not disturb public order, security, or peace.
Parole Application Procedure
The process of parole is administrative and involves multiple departments:
- Application Submission
An application for parole is submitted to the Deputy Commissioner (DC) of the relevant district.
- Security and Conduct Reports
The Deputy Commissioner seeks recommendations from:
- Local police
- Jail authorities
- Intelligence and other relevant agencies
These departments assess whether the prisoner’s release could cause:
- Public unrest
- Protests
- Law and order issues
- Forwarding to Home Department
If all reports are positive, the Deputy Commissioner forwards a recommendation to the Provincial Home Department.
- Final Approval
The Home Secretary approves the parole order, which is then sent to:
- Inspector General (IG) of Prisons
- Relevant jail authorities
- Release Under Conditions
The prisoner is released for a limited period and under strict conditions, such as police escort, restricted movement, or geographical limitations.
Important Difference Between Parole and Bail
This distinction is extremely important:
Bail is granted by a court when guilt has not yet been proven. The trial continues while the accused remains free.
Parole is granted by the government, not the court, and the sentence continues even while the prisoner is outside jail.
(For example: If a person is sentenced to one year in prison and is released on parole for 10 days, those 10 days are counted as part of the sentence, even though they were spent outside jail.)
Parole Is Not a Legal Right
Parole is a discretionary concession, not a guaranteed entitlement. The government may refuse parole if it believes:
- Public order may be disturbed
- Political or social tensions may arise
- Security risks exist
That is why parole may be granted in some cases and denied in others, even for similar reasons.
Parole vs Temporary Bail: A Practical Example
In some high-profile cases, courts have granted temporary or conditional bail instead of parole. For instance, when Nawaz Sharif’s wife passed away in 2018, he attended her funeral on temporary bail granted by the Islamabad High Court, not on parole. The bail was conditional and required him to return after attending the funeral.
This highlights an important reality:
When the state or courts intend to provide relief, legal pathways exist. When they do not, relief becomes extremely difficult.
Conclusion
Parole is a humanitarian concept designed to balance justice with compassion. However, it remains a privilege granted by the state, not an enforceable legal right. Each parole request is evaluated on security, public order, and administrative discretion.
Understanding the difference between parole and bail helps citizens better comprehend how Pakistan’s criminal justice system operates in practice.