Subhash Gupta Case: Punjab & Haryana High Court Restrains Rohtak Judges From Hearing Bail Pleas

Justice N.S. Shekhawat of the Punjab and Haryana High Court has taken the extraordinary step of barring all judicial officers in the Sessions Division, Rohtak, from entertaining any bail applications in a multi-crore real estate fraud case. The order came on September 30, while the court was hearing an anticipatory bail petition filed by Subhash Gupta, a partner of M/s Gupta Property Developers, in connection with FIR No. 127 registered at Police Station I.M.T., Rohtak on May 27, 2026.

"Systematic Frauds Projected as Isolated Disputes"

The court made strong observations about the modus operandi of real estate developers who, it said, routinely siphon off crores of rupees from innocent investors. The bench noted that such frauds are often disguised as mere contractual disputes.

"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 observed.

The FIR, which involves allegations under Sections 420, 120-B, and 506 IPC (corresponding to Sections 318(4), 61, and 351(2) of the BNS), targets directors of M/s DHL Infratech Private Limited and partners of M/s Gupta Property Developers. Preliminary investigations revealed that about ₹11.69 crore was collected from at least 30 homebuyers who invested in the residential project 'DHL New Town' in Rohtak, but neither received possession nor refunds.

Disparity in Bail Orders Raises Concerns

The court was particularly struck by the contrasting treatment of co-accused by the trial courts in Rohtak. While Kuldeep Kumar Tahlan, a director of DHL Infratech, was granted bail, Gurvinder Jeet Singh, an employee of Gupta Property Developers, had his bail plea dismissed. More strikingly, four other co-accused—Ravinder Mor, Manjit Kumar, Joginder Singh (all directors of DHL), and Siddhant (authorised signatory)—were granted interim anticipatory bail by the same presiding officer who had dismissed the petitioner's bail application. The court was also informed that these four individuals were involved in other scams.

Meanwhile, Subhash Gupta's arrest had been stayed by the High Court on his assurance that he would return the entire amount invested by victims along with 6% annual interest.

Investigation Under Scrutiny

The court expressed serious dissatisfaction with the investigation from the outset. At a hearing on August 5, it had noted 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." Despite the court's earlier directions, the investigating officer was "trying to help the accused" and the probe was not conducted properly.

Even after four months of the FIR, the status report showed that "police officials posted at Rohtak are hesitating in taking action against real estate promoters/developers." Consequently, the court directed the Haryana government to appoint a senior IPS officer to head the investigation and submit a status report by the next hearing.

Court's Intervention: Bar on Rohtak Judges

Observing that certain facts brought to its notice could not be recorded in a judicial order, the High Court took the unprecedented step of restraining "the judicial officers posted at Sessions Division, Rohtak , from entertaining any bail applications in the present case." The registry was directed to send a copy of the order to the District and Sessions Judge, Rohtak, for strict compliance.

The matter has been adjourned to October 28, 2026, when the court expects to hear the status report from the newly appointed senior IPS officer.