'Systemic Fraud Involving DSP, Revenue Officers To Grab Public Trust Property': P&H High Court Denies Pre-Arrest Bail In Cheating Case

In a "deeply troubling conspiracy" case involving a Deputy Superintendent of Police (DSP) and revenue officers accused of conspiring to forge documents to garb a trust property, the Punjab & Haryana High Court refused to grant anticipatory bail to the accused persons.

The petitioner was accused of conspiring with the officials including DSP to forge documents and submit fabricated records related to the alleged dissolution of a society.

 Justice Manjari Nehru Kaul said, "Prima facie, the present case involves serious, structured, and systemic fraud, undertaken with the deliberate intention to grab land belonging to a public charitable trust. The seriousness of the offence is made worse by the involvement of public officials and legal professionals, the creation of fake documents claimed to be several decades old, and efforts to make these false documents appear genuine by misusing official systems and legal procedures."

The Court noted that, as per the allegations levelled in the FIR, as well as the material collected during the course of investigation, it is alleged that the petitioners, in collusion with other co-accused, prepared and used forged and fabricated documents as genuine with an intention to illegally acquire valuable land belonging to the complainant-Trust.

Justice Kaul highlighted that investigation further reveals that the petitioners conspired with several influential individuals across various departments, including DSP Kuljinder Singh, revenue officials, and bank personnel

"It is well-settled that in cases involving economic offences of a grave nature, anticipatory bail cannot be granted as a matter of routine. The Hon'ble Supreme Court has repeatedly emphasized that such offences pose a serious threat to the financial and moral fabric of society," observed the bench.

These observations were made while hearing an anticipatory bail plea filed by Rajesh Kumar Gaba, Sanjeev Kumar Gaba and Manoj Kumar, who are accused in FIR registered by the CBI for offences under Sections 120-B, 452, 323, 506, 427, 148, 149, 420, 465, 467, 468, 471 of the IPC (Section 465 of the IPC deleted and Sections 408 and 193 of the IPC added lateron), in November, 2023.

The Court noted that the petitioner Sanjeev Kumar Gaba is alleged to have acted in connivance with the Naib Tehsildar, Sub Registrar, and other co-accused in creating and deploying these forged documents. Petitioner Rajesh Kumar Gaba is also alleged to have played an active role in furthering the conspiracy by utilizing the forged documents and submitting fabricated records related to the alleged dissolution of society during 1947-1948 to the Registrar, Firms & Societies, Punjab, Chandigarh.

The judge opined that, it is not a case of isolated fabrication or a simple civil dispute but a comprehensive and deeply troubling conspiracy involving-fabrication of false trust documents and certificates; "manipulation of civil and criminal proceedings; use of forged records for illegal land acquisition; influencing of witnesses through coercion and inducement; undermining the integrity of institutions and misusing legal procedures."

It further rejected the ground that the petitioners were not arrested during the investigation, hence they should be granted anticipatory bail.

"The evidence on record clearly indicates a real and immediate risk that the petitioners may interfere with the evidence, influence witnesses, and obstruct the course of justice," the Court said.

Observing that non-cooperation in complying with summons and warrants, as reflected from the zimni orders, further substantiates the apprehension that the petitioners may interfere with the judicial process, the Court rejected the plea.

Mr. Sartej Singh Narula, Advocate for the petitioners in all the petitions.

Mr. Ravi Kamal Gupta, Spl. Public Prosecutor, for the respondent-CBI.

Mr. P.S. Ahluwalia, Advocate and Mr. Keerat Dhillon, Advocate for the complainant.

Title: Rajesh Kumar Gaba v. Central Bureau of Investigation

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