CLAT PG Mock Test Series 2022 [Offline] by OurLegalWorld

1. Read the passage and answer the questions
Learned Additional Solicitor General for the appellant argued that the high court erred
in granting bail without adverting to the statutory rigours of Section 43D (5) of UAPA.
Relying upon judgment in National Investigation Agency v. Zahoor Ahmad Shah Watali
it was highlighted that the bail proceedings under the special enactment were distinct
and the Courts are duty bound to refuse bail where the suspect is prima facie believed
to be guilty. It was further contended that in numerous prior rounds before the
Special Court and the High Court, there emerged enough reasons to believe that
the respondent was, prima facie, guilty of the accusations made against him. The
fact that the respondent had absconded for years was pressed into aid as
legitimate apprehension of his not returning if set free. As regard to the early
conclusion of trial, NIA has filed an additional affidavit suggesting to examine
276 witnesses and at the same time expecting to conduct the trial on a day today
basis and complete it within around a year. Learned Senior Counsel appearing for the
respondent, on the other hand, highlighted that many of the co-accused had been
acquitted, and although a few had been convicted as well, but those convicts had also
been awarded a sentence of not more than eight years. Given how the respondent has
already suffered incarceration of almost five and a half year without the trial having
even started, it would violate his Constitutional liberty and rights to have him serve
most of his sentence without any adjudication of guilt by a judicial authority. He urged
that once the High Court had exercised discretion to grant bail, the same ought not to
be interfered with except in rare circumstances. “We may observe at the outset that we
are conscious of the limitations which bind us while entertaining a plea against grant of
bail by the lower court, that too, which is a superior court like High Court. It is expected
that once the discretion is exercised by the High Court on relevant considerations and
bail is granted, this Court would normally not interfere with such a discretion, unless it
is found that the discretion itself is exercised on extraneous considerations and/or the
relevant factors which need to be taken into account while exercising such a
discretion are ignored or bypassed. There have to be very cogent and
overwhelming circumstances that are necessary to interfere with the discretion in
granting the bail. These material considerations are also spelled out in the
aforesaid judgments viz. whether the accused would be readily available for his
trial and whether he is likely to abuse the discretion granted in his favour by
tampering with the evidence. …” (1) Even in the case of special legislations like the
Terrorist and Disruptive Activities (Prevention) Act, 1987 or the Narcotic Drugs and
Psychotropic Substances Act, 1985 (“NDPS”) which too have somewhat rigorous
conditions for grant of bail, this Court in (2) and (3) enlarged the accused on bail when
they had been in jail for an extended period of time with little possibility of early
completion of trial. The constitutionality of harsh conditions for bail in such special
enactments, has thus been primarily justified on the touchstone of speedy trials to
ensure the protection of innocent civilians.

1. The passage has been picked up from which case?

 Union of India v. KA Najeeb

 Vinod Dua v. UOI

 Kedar nath v State of Bihar

 Safiya sultana v state of UP

2. Which case laid down the foundation to right to speedy trial?

 Hussainara Khatoon v state secretary, state of Bihar

 Parmanand katara v UOI

 Mohini Jain v State of Karnataka

 Chameli Singh v State of UP

3. The most controversial provision involved in the above case is section 43 D (5) of UAPA. What does the section state?

 No bail shall be granted to a person accused of an offence punishable under
this Act, if he is not an Indian citizen and has entered the country
unauthorized or illegally except in very exceptional circumstances and for reasons to be recorded in writing.

 Accused person shall not be released on bail or on his own bond if the Court, on
a perusal of the case diary or the report made under section 173 of the Code is
of the opinion that there are reasonable grounds for believing that the
accusation against such person is prima facie true.

 Any officer arresting a person under section 43A shall, as soon as may be, inform him of the grounds for such arrest.

 Every person arrested and article seized under section 43A shall be forwarded without unnecessary delay to the officer-in-charge of the nearest police station.

4. XYZ, the person has sufficient food but does not provide some food to a beggar who dies of hunger. XYZ is guilty of…

 Murder

 Attempt to murder

 Both A and B

 Loading …