Introduction:

In a significant judgment, the Punjab and Haryana High Court has refused anticipatory bail to Bagel Singh and Raghuvir Singh, accused of orchestrating a fraudulent sale of Non-Resident Indian (NRI) property in Ludhiana. Justice Harpreet Singh Brar, presiding over the case, expressed deep concern over the increasing trend of property fraud targeting NRIs, labelling it a “disturbing trend” that undermines public trust in the real estate sector.

Arguments Presented:

Petitioners’ Perspective:

The defence, represented by Advocates Karan Bansal, Raghav Puggal, and Karan Puggal, argued that their clients were not the primary perpetrators and had limited involvement in the transaction. They contended that the sale was conducted legally, and any discrepancies were administrative oversights rather than deliberate fraud. The defence emphasised the lack of direct evidence linking the petitioners to the alleged impersonation and fraudulent activities.

Prosecution’s Standpoint:

The prosecution, led by Deputy Advocate General Sandeep Kumar, presented compelling evidence indicating a well-orchestrated conspiracy involving multiple individuals, including government officials. They highlighted that the property, valued at several crores, was sold for a mere ₹30.20 lakhs through impersonation, with cheques that were never encashed. The prosecution underscored the active roles of the petitioners in facilitating the fraudulent sale, including identification of the impersonator and attestation of documents.

Court’s Judgment:

Justice Brar, after examining the evidence, concluded that the petitioners were integral to a larger conspiracy aimed at defrauding an NRI of his property. The court noted the alarming frequency of such cases, where NRIs, due to their absence, become easy targets for property fraud involving forged documents and misuse of power of attorney. Emphasising the gravity of the offence, the court stated that such acts not only violate individual rights but also erode public confidence in the legal and real estate systems. Consequently, the anticipatory bail pleas were denied, and the need for custodial interrogation was affirmed to uncover the full extent of the conspiracy and the involvement of other officials.