Law of Bail & Drafting Bail Applications | Mr Bharat Chugh (Former Judge; Partner, L&L)| Nyaya Forum
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- čas přidán 11. 05. 2020
- NYAYA Forum for Courtroom Lawyering presents a Webinar Series on Practical Skills for Litigation.
Session No 11 : Law of Bail and Drafting of Bail Applications
Panelist - Mr Bharat Chugh (Former Judge; Partner, L&L)
Mr. Chugh graduated in law in 2011 and practiced independently as a litigator for about two years. In 2013, at the age of 23, he secured First Rank in the prestigious Delhi Judicial Service Examination and joined as the youngest Civil Judge /Metropolitan Magistrate in his batch. In 2016 and at the age of 27, he resigned from judgeship in order to return to the practice of law. Currently he is a Partner at L&L, Delhi. He advises and represents clients on a wide range of issues with a strong focus on International Commercial Arbitration, Corporate Criminal Liability and White Collar Crime, Anti-Corruption and Anti-money Laundering Laws, Complex Contractual/Commercial Litigation etc.
For everyone's benefit, here's a quick list of cases referred to during the talk:
1. Rakesh Kumar Paul V. State Of Assam, (2017) 15 SCC 67-
2. Settu V. State, Madras HC In Crl OP(MD) No. 5291 Of 2020-
3. P. Chidambaram Vs Directorate Of Enforcement, 2019 SCC OnLine SC 1549
4. Y.S Jagan Mohan Reddy v. CBI, (2013) 7 SCC 439-
5. Neeru Yadav v. State of UP & Anr., (2016) 15 SCC 422-
6. Santosh s/o Dwarkadas Fafat v. State of Maharashtra, (2017) 9 SCC 714
7. Samrath Singh Narula vs State of NCT. Of Delhi, 2015 SCC OnLine Del 9486
8. Nikesh Tarachand Shah v Union of India, (2018) 11 SCC 1
9. Upendra Rai v Directorate of Enforcement, 2019 SCC OnLine Del 9086
10. Nittin Johari v. Serious Fraud Investigation Office (SFIO), 2020 SCC OnLine Del 394-
11. Ankush Kumar @Sonu v. State of Punjab, 2018 SCC OnLine P&H 1259,
12. Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav (2004) 7 SCC 528-
13. Gurbaksh Singh Sibba Vs The State Of Punjab, AIR 1980 SC 1632
14. Salauddin Abdulsamad Shaikh Vs State of Maharashtra (1996) 1 SCC 667-
15. Siddharam Satlingappa Mhetre Vs. State of Maharashtra, AIR 2011 SC 312-
16. Sushila Aggarwal V. State Of NCT Of Delhi, 2020 SCC Online 98
17. Prathvi Raj Chouhan v UOI, 2020 SCC OnLine SC 159-
18. Sundeep Kumar Bafna Vs State of Mahrashtra, AIR 2014 SC 1745.
19. Smt. Sharada Dattatray Choudhari Vs. State of Mahrashtra & Anr., [Criminal Writ Petition No. 3455 Of 2014, Bombay HC]
20. Kashmira Singh vs State of Punjab, (1977) 4 SCC 291.
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Great to hear !
This session has given an opportunity to rethink those points of bail which are lying on the gray side.
Knowledge enhancement lecture
Thanks 🙏
Very informative session
Its indeed a masterstroke by Mr Luthra!
What a find
Law relating to bail and drafting of bail application is an essential topic to a practising lawyer.The lectures on the subject is informative and useful.lt gives new insight into the subject.Good narration with clarity of thought and expression.
Kindly provide more lectures like this..such a worthy listening lecture!
Thank u for such a informative webnair sir, we are blessed to have such person , who have depth knowledge.
It's a wonderful lecture by Mr Bharat, every word uttered speaks of hard work by speaker..
It's so nice of yhu sir... I have heard lot about yhu by Rahul sir, now i realised the same... Thanks for this session
Thanks much! You and Rahul Sir are super kind.
Really helpful video, and useful caption to the same as well. Thanks!
Thank you so much
Such a nice webinar ..
Thank you sir for giving such a wonderful session.
Bail is administrative law and it is part of preventive detention but wrongly included in CrPC
Hello Sir,
I have one doubt regarding MHA order dated 29/03/2020 on Rent.
Sir, please define the meaning of "WORKERS" in this context :-
"Where ever the WORKERS, including the migrants, are living in rented accommodation, the landlords of those properties shall not demand payment of rent for a period of one month."
As per Indian laws does it covers Private/IT sector employees also?
I am working in mnc. Please guide.
Thank you.
Kept it basic and made it so helpful ...!!👌👌
Thanks much!
Thank u so much Sir....I wid request to Nalsar University to upload more such videos n help students with rich knowledge all over country....Thank u very much Nalsar community👍💕
Thanks. I'm glad you found it useful.
Your thorough understanding makes this session very useful. It gives me a better direction and approach to read the bail laws. Thank you Sir.
I'm glad you found this useful. Cheers - Bharat Chugh (www.bharatchugh.in)
@@bharatchugh6597 Thank you so much... it's very useful..
@@cordeliakumar2076 Thanks much :)
Please make a video/webinar on Discharge under CrPC
What is surrender bail ..when a person should surrender before court while moving bail application
Very informative. Thanks very much!
Thanks. I'm glad you found it useful.
Thank you sir...
ThankYou Sir
How beautifully u explained the whole process
Hats off to you
It will be really beneficial if you will provide the citation of the cases u mentioned
Thanks much! I'll mention them here shortly in the same order as I mentioned them in my talk.
Done. See above.
Such an informative webinar. Thank you. Looking forward to more of such webinars by you !
Excellent explanation.. very useful...
Thanks so much!
Thanks a lot
Mr. Chugh please suggest the source which you referred to keep yourself updated with latest judgments and complete legislative amendments.
Hi, Nitika! Different sources. Prsindia for developments on the legislative side and SCConline for case laws, apart from live law/B&B of course.
Very good session
What about those accused who don't have propertied friends or relatives ? How can they be released on bail ?
Sir may I know in case of sec.302 of ipc general provision or arguments for the anticipatory bail will be applicable ??
Section 438 of the CrPC, which deals with Anticipatory Bail, applies to all IPC offences (and other special laws unless its application is excluded by special provision - such as in SC & ST Act). Therefore, Anticipatory Bail can be sought in cases of murder as well. In fact, the landmark decision on Anticipatory Bail. SS Mhetre's case was a case of murder.
@@bharatchugh6597 thank you sir
Thanks A Lot Sir. So useful session is this!
I want to know the important & effective points to be argued for bail application of a 302 offence based on circumstantial evidence. Yet charge sheet is not filed. This is first bail application
Bail is tough in a 302 offence though not impossible. Since the court has to look into the broad merits of the case: any exculpatory evidence or points in your favour (which show the baselessness of the prosecution case) may broadly be argued at the time of bail. For instance, an alibi is a good ground, if substantiated by documentary evidence/testimony. If the case is of circumstantial evidence, the normal challenges to circumstantial evidence may also be argued viz. i) absence of motive; ii) chain being incomplete; though please remember that the court will not embark upon a meticulous scrutiny of circumstances at the stage of bail. Hope this helps.
All the best.
Regards - Bharat Chugh
bharatchugh.in/articles-columns/
Thanks A Bunch Sir.
@@bharatchugh6597 respected sir ,kindly provide more and more lectures or create your on CZcams channel and cover criminal law ..humble request yo you.
@@Eminentlawyers007 Thanks so much! I'd definately try doing it.
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Audio is not clear
Nice
Anyone have complete citation of 'Surendra Kumar Bafna' case ?
Sundeep Kumar Bafna. Stand corrected. Here's the link : indiankanoon.org/doc/102030495/
@@bharatchugh6597 Thank you very much sir
Please see above.
Sir, can a complainant challenge the order of High Court (before SC) by which accused was granted bail?
Yes. Can go for cancellation also.
@@bharatchugh6597 Thank You sir.
So erudite! and of course so handsome too :)
Enlightening. After a/bail, police do not touch the perpetrator. Why the condition, in the event of arrest, may be released on bail?
Thank you! Even if the accused is granted anticipatory bail, he is still arrested. Anticipatory Bail is not an immunity from arrest but immunity from custody. He is notionally arrested by the officer and then released in accordance with the court's directions and not sent to jail or kept in police custody.
@@bharatchugh6597 one of the smartest lawyer you are.
Deciding innocence by throwing accused in water? Any citations? Which civilisation is this?
Is it easy for a former judge to get into tier 1 firm?
Rahul sir talks lot about u a lot
Garbage. Tell us about how victimless crimes end up people in jail, how bonds work