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The Role of the Judiciary

Given below a...

Question

Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Principle: Anticipatory bail could be granted to any person who apprehends arrest for a non-bailable offence.

Facts: Z publishes a defamatory statement against a state minister in a local daily. Police registers a case of defamation, a bailable offence against Z. He files an application in Supreme Court seeking an anticipatory bail.

A

His application shall be rejected by the Supreme Court for want of jurisdiction.

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B

His application shall be rejected due to limited circulation of the newspaper.

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C

His application shall be entertained by the Court as it involves denial of personal liberty of Z.

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D

His application shall be returned as it is not maintainable.

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Solution

The correct option is D His application shall be returned as it is not maintainable.
Z's application shall be returned as it's not maintainable.
Defamation is considered as a bailable offence.
Section 438 of Code of Criminal Procedure, 1973 talks about the anticipatory bail. It's a kind of bail which is ordered by the magistrate before the individual gets arrested. So, Z's application would be not maintainable.
Hence, D is the correct option.

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Q. Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
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