The Punjab and Haryana High Court has restrained judicial officers posted in the Sessions Division, Rohtak, from entertaining any bail applications in an FIR concerning an alleged real estate fraud on homebuyers, after noting that certain co-accused had been granted relief by the same presiding officer who dismissed the petitioner's bail plea.

Justice N.S. Shekhawat, hearing an anticipatory bail petition filed by a partner of one of the developer firms, also observed that the status report filed by the State showed police officials at Rohtak "are hesitating in taking action against real estate promoters/developers," and asked the State to appoint a senior IPS officer to investigate what it described as a large-scale scam.

The FIR was registered on May 27, 2026, at Police Station IMT, District Rohtak, under Sections 420, 120-B and 506 IPC (corresponding to Sections 318(4), 61 and 351(2) of the BNS). The accused include directors of M/s DHL Infratech Private Limited and partners and employees of M/s Gupta Property Developers, Shivji.

"Systematic frauds projected as isolated disputes"

The Court recalled that at a hearing on August 5, 2026, it had noticed that "every attempt had been made by the police to shield the real culprits, who had cheated a large number of innocent investors of crores of rupees."

It observed that real estate developers commonly collect crores from the public with "a rosy picture" of timely accommodation, while knowing that the project cannot be completed as represented, and the money is siphoned off. Noting that such conduct often shows a repeated pattern, the Court said:

"Even such systematic frauds are projected as isolated disputes arising out of contractual relationship, but when the Courts examine such disputes, it is found that such disputes form part of larger conspiracy to cheat the innocent buyers of their earning of whole life."

The Court noted that the Supreme Court and the High Court have repeatedly expressed displeasure at how investigations are conducted "for the benefit of builders/developers" in large-scale economic frauds. It recorded that it had earlier perused the Investigating Officer's file and directed the Inspector General of Police to examine the investigation himself and take strict action, but "apparently, the IO of the present case was trying to help the accused," and the investigation was not properly conducted even after several orders.

Disparity in bail orders at Rohtak

The Court was informed that the investigation is now being conducted by a Special Investigation Team headed by the Superintendent of Police, Rohtak. It was also told that a director of DHL Infratech and an employee of Gupta Property Developers had been arrested, and that the courts at Rohtak granted bail to the director while dismissing the bail plea of the employee, which the Court described as surprising.

The Court further noted that three directors and an authorised signatory of DHL Infratech had been granted interim anticipatory bail by the same presiding officer who had dismissed the petitioner's bail plea, and that the Court had been informed these four accused were involved in other scams as well.

By contrast, the Court pointed out that the petitioner, a partner of Gupta Property Developers, had not been granted interim anticipatory bail by the High Court. His arrest had instead been stayed on his assurance that he would return the entire amount invested by buyers who were not offered possession, with interest at 6% per annum.

Noting that certain other facts brought to its notice would not be appropriate to record in a judicial order, the Court restrained the judicial officers posted at the Sessions Division, Rohtak, from entertaining any bail applications in the case, and directed the Registry to immediately send a copy of the order to the District and Sessions Judge, Rohtak, for strict compliance.

Observing that no action had been taken against the developers even four months after the FIR, the Court said the State is expected to appoint a senior IPS officer to investigate the scam and file a status report before the next date of hearing. The matter will next be heard on October 28, 2026.

Mr. Dinesh Arora, Advocate with Mr. Jatin Sehra, Advocate and Mr. Ashish Khatkar, Advocate for the petitioner.

Mr. Rajiv Sidhu, Sr. DAG, Haryana.

Mr. R.S.Dhull, Advocate for the complainant.