Court restrains Rohtak Sessions Division from granting bail in case involving crores of cheating, mandates status report on probe progress
In a significant judgment dated September 30, 2026, the Punjab and Haryana High Court, presided over by Justice N.S. Shekhawat, addressed a sprawling real estate fraud case involving multiple accused cheating investors of crores of rupees. The case, registered as FIR No.127 at the I.M.T. Police Station in Rohtak, centers around allegations that developers from M/s DHL Infratech Private Limited and M/s Gupta Property Developers collected huge sums from innocent buyers on false promises of timely possession but failed to deliver accommodation or refund the investments.
The petitioner, Subhash Gupta, who is a partner in one of the implicated firms, sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, along with corresponding provisions under the Indian Penal Code (IPC) and the Criminal Procedure Code (Cr.P.C.). However, the Court observed that despite the gravity of the allegations, the local police investigation was grossly inadequate and appeared to favor the accused, undermining the interests of justice and the victims.
Justice Shekhawat noted a disturbing pattern where police and investigative officers made every effort to shield the "real culprits" involved in this large-scale economic offence. The Court highlighted that such real estate frauds are often misrepresented as mere contractual disputes, masking a larger conspiracy to defraud investors of their life savings. This judgment reflects the judiciary's growing concern over systemic failures in investigating economic offences, especially those involving vulnerable homebuyers.
The Court also pointed out stark disparities in the treatment of accused persons - while some co-accused directors and authorized signatories were granted interim anticipatory bail, Subhash Gupta himself was not afforded even interim relief. His arrest was only stayed upon his undertaking to refund the entire amount invested by victims, along with interest at 6% per annum. The Court underscored the irregularities in bail proceedings and, as a corrective measure, restrained all judicial officers at the Sessions Division, Rohtak, from entertaining any bail applications in this case to ensure fairness.
Significantly, the Court directed the State of Haryana to appoint a senior IPS officer to take over the investigation and submit a status report by the next hearing, scheduled for October 28, 2026. This step aims to bring transparency and rigor into the probe, which had seen little effective action even after four months since the FIR registration.
The Registry was further instructed to send a copy of this order to the District and Sessions Judge, Rohtak, for strict compliance with the Court's directions.
This judgment sends a strong message against lax investigations and judicial complacency in high-stake economic crimes, reinforcing the need for accountability and victim justice in the real estate sector.
Bottom Line:
Anticipatory bail in large-scale real estate fraud involving cheating of numerous investors - Court found that police had attempted to shield real culprits and had not conducted proper investigation despite earlier directions - Judicial officers at Sessions Division, Rohtak restrained from entertaining bail applications in the case - State directed to appoint a senior IPS officer to investigate the scam and submit status report.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Cr.P.C. Section 438, Bharatiya Nyaya Sanhita, 2023 Sections 318(4), 61, 351, Indian Penal Code, 1860 Sections 420, 120B, 506
Subhash Gupta v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2993455
