Advocates Using Professional Standing to Subvert Legal Process Not Entitled to Bail: Punjab & Haryana HC

The Punjab and Haryana High Court has slammed the door on professional misconduct within the legal system, ruling that an advocate who allegedly orchestrated an organized criminal network to manipulate judicial outcomes through forum shopping and fraudulent witness summoning must remain in custody. In a stern rebuff to the petitioner, the Court held that the calculated subversion of court proceedings by a legal practitioner to facilitate land grabbing constitutes a serious offense that outweighs the benefit of liberty pending trial.

A single-judge bench of Justice Manisha Batra presided over the hearing of the regular bail application filed by a practicing advocate. The petitioner sought relief under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with multiple cases registered by the Central Bureau of Investigation involving criminal conspiracy, forgery, and cheating under the Indian Penal Code, 1860.

Allegations of Forum Shopping and Fraudulent Litigation

The case against the petitioner emerged from an investigation into a conspiracy to grab 32 bighas of land belonging to a Delhi-based Trust. According to the prosecution, the petitioner, acting as an advocate for a fake trust, attempted to shift the adjudication from Dera Bassi to Bathinda his regular place of practice after failing to obtain interim relief. This maneuver, described as 'forum shopping,' was allegedly complemented by the fraudulent summoning of records and witnesses in four entirely unrelated legal matters, including a domestic violence case under the Domestic Violence Act, to exert pressure and extract false testimonies.

The Court's Observations on Professional Responsibility

While the petitioner argued that he was merely a legal representative with no personal benefit in the property dispute and highlighted his prolonged incarceration since July 2025, the Court found the allegations of procedural manipulation deeply troubling.

The Court, in its reasoning, observed: "The allegations prima facie make out a case of formation of an organized criminal network by the petitioner with the co-accused to grab the land of the complainant-Trust. Being an Advocate by profession, he is presumed to be well-aware about the consequences of the actions done by him, by manipulation of the legal proceedings, obviously with intent to influence judicial outcome to the detriment of the complainant-Trust."

Background:

The dispute originated from the registration of FIR No. 133 and FIR No. 303 involving a conspiracy to seize land through a counterfeit trust. The High Court had earlier directed the Central Bureau of Investigation to investigate these matters, resulting in the registration of cases RC-12 and RC-13. The investigation revealed that the petitioner had allegedly obtained signatures from individuals on applications to summon bank records and witnesses without their consent, even instructing them not to cooperate with investigators. Despite the petitioner's claim that only two out of 145 witnesses had been examined, the Court concluded that the nature of the offenses and the active role attributed to the petitioner necessitated his continued detention.

Case Details:
Case No.: CRM-M-64309-2025 (O&M)
Case Title: VIKAS KUMAR vs. CENTRAL BUREAU OF INVESTIGATION
Appearances:
For the Petitioner(s): Mr. Gaurav Chopra, Senior Advocate with Mr. Rohit Kumar, Advocate and Mr. Vikram Vir Sharda, Advocate
For the Respondent(s): Mr. Ravi Kamal Gupta, Special Public Prosecutor for the respondent-CBI; Mr. P.S. Ahluwalia, Senior Advocate with Ms. Keerat Dhillon, Advocate for the complainant

Source: 2026 CaseBase(PNH) 204