Advocate Ashish Sheokand

Questions Answered by Advocate Ashish Sheokand

Q: Skill assessment regarding Issue

Offshore Skills Assessment Program (OSAP) enquiry for Carpenter role, during 10 yrs off exp done self employment + job. He received cash payment and not file ITR. Queries - Without ITR or business registration, will client statements & experience letters suffice?How can he best demonstrate self-employment history with irregular deposits?Does a commercial vehicle loan with regular EMIs help establish financial stability?

Advocate Ashish Sheokand answered
For the Offshore Skills Assessment Program (OSAP) for a Carpenter role, self-employment experience can be considered if properly documented. Since your client did not file Income Tax Returns (ITRs) or have a business registration, alternative evidence will be needed. Here’s how they can strengthen their case:1. Experience Evidence Without ITR or Business RegistrationSince formal documents are missing, these alternatives may help:Client Statements/Affidavits: Letters from previous clients detailing work done, project duration, and payments received. These should include contact details.Experience Letters: If he worked under a contractor, getting experience certificates with job details, tasks performed, and duration can be useful.Invoices & Receipts: Any handwritten, digital, or scanned copies of invoices given to clients for work done.Material Purchase Bills: Proof of regular purchases of wood, tools, or supplies relevant to carpentry.2. Demonstrating Self-Employment with Irregular DepositsEven without regular bank deposits, he can provide:Bank Statements: Showing occasional deposits, even if irregular, can indicate income from self-employment.Work Photos/Videos: Before-and-after pictures of completed projects, especially with timestamps or client confirmations.Social Media/Online Listings: If he has advertised or shared work via platforms like Facebook, WhatsApp, or local classifieds, this can help prove business activity.3. Commercial Vehicle Loan & Financial StabilityA loan with regular EMI payments can help establish financial stability.However, it does not directly prove self-employment unless linked to the carpentry business (e.g., a van used for material transport).If possible, he should show a connection between his work and loan payments, such as fuel receipts, insurance, or toll payments linked to work projects.Best ApproachSince formal documents are missing, he should compile a strong mix of alternative evidence—client statements, invoices, work photos, and bank transactions. A statutory declaration (affidavit) outlining his self-employment history can also help.Would you like assistance in drafting an affidavit or experience letter format?

Q: Can Bail be reapplied for before challan is submitted?

Arrest was made on 16 December under PC act. Bail in sessions was denied on 2nd January. Now we’ve applied in High Court but the date between hearings is quite long. Can we reapply for bail in sessions again, even though Challan hasn’t been presented yet?

Advocate Ashish Sheokand answered
Yes, bail can be reapplied before the submission of the challan (police report). In many cases, the accused can apply for bail even before the challan is filed, especially if they are in judicial custody. Courts may grant bail if they believe there are reasonable grounds to do so, or if the police have not submitted the challan within the prescribed time frame.However, whether bail is granted or not largely depends on the nature of the offense, the stage of the investigation, and the discretion of the judge. If the case involves serious charges, the judge might prefer to wait for the challan before making a decision. But for less serious offenses, bail could be granted at an earlier stage.Would you like more details on how this works in a specific legal context or jurisdiction?Kindly share FIR no., date, year police station for more information.