Navjot Kaur v. State Of Punjab

CRM-M No.33941 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.33941 of 2025 Date of decision : 6.11.2025 Navjot Kaur .............Petitioner

Versus

State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Kashav Chadha, Advocate, for the petitioner Mr. Jaypreet Singh, DAG, Punjab --- SUMEET GOEL, J. (ORAL) 1.

On 22.7.2025, the following order was passed: 'Status report has been filed by the State in the Court and the same is taken on record. The investigation conducted and the evidence collected against the petitioner are referenced in the above said status report. The evidence collected thus far consists of disclosure from the other accused. This type of evidence is subject to the legislative restrictions imposed by Sections 25 and 26 of the Indian Evidence Act, 1872, and Section 23 of the BSA, 2023. Therefore, even after interrogation, the police did not collect evidence such as call records, the petitioner's visits with the other accused, bank transactions, other business dealings, or digital evidence. After reviewing the evidence collected thus far and considering the seriousness of the crime, this Court is of the considered opinion that further investigation is necessary in this case.

Given the above, further interrogation of the petitioner is necessary to gather and collect the following evidence:

A. Call details.

B. Financial transactions.

C. Tower location D. Connections with the co-accused E. Evidence from people in the vicinity.

F. Evidence from the Social media connections, etc. Petitioner is directed to join investigation from 28th to 31st July 2025 at 10 AM and after that as and when called upon to do so. To enable the petitioner to join

CRM-M No.33941 of 2025 -2the interrogation without any duress or coercion, the petitioner makes a case for stay of arrest until further order. The Commissioner of Police/SSP concerned is to file a fresh status report, mentioning the evidence collected against the petitioner.

The petitioner will be considered in deemed custody under Section 27 of the Indian Evidence Act, 1872, and Section 23 of the BSA, 2023. Throughout the investigation, the petitioner shall not be subjected to third-degree methods, inappropriate language, or inhumane treatment. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. In the meantime, petitioner's arrest shall remain stayed till further orders. List on 19.08.2025.'

2.

Thereafter on 15.10.2025, the following order was passed: 'CRM-41514-2025 For the reasons stated in the application and in view of submissions made by learned counsel for the applicant-petitioner, the instant application is allowed, subject to all just exceptions. Short reply by way of an affidavit dated 14.10.2025 (Annexure A-1) is taken on record. Main case (O&M) Learned counsel for the petitioner has urged that the petitioner was extended concession of ad-interim bail on 22.07.2025, but the same was vacated on account of non-filing of requisite affidavit, vide order dated 01.10.2025. Learned counsel has submitted that he has filed the requisite affidavit.

In the interest of justice, interim order dated 22.07.2025 granting concession of ad-interim bail to the petitioner is restored. The petitioner is directed to once again appear before the Investigating Officer on 17.10.2025 at 11:00 A.M. in concerned Police Station and join investigation, in terms of interim protection afforded to him vide order ibid.

Put up on 06.11.2025.

Interim order to continue.'

3.

Learned State counsel (on instructions) submits that pursuant to the orders dated 22.7.2025 and 15.10.2025, the petitioner has joined investigation and is no longer required for custodial interrogation.

CRM-M No.33941 of 2025 -34. In view of the specific stance of the State as also the judgment passed by this Court in CRM-M-54032-2024 'Ashu Vs. State of Punjab' and recent judgment of the Hon'ble Supreme Court passed in 'Jugraj Singh Vs. State of Punjab' bearing Special Leave to Appeal (Crl.) No.9190/2025, this Court is inclined to confirm the orders dated 22.7.2025 and 15.10.2025.

5.

In view of the above, the instant petition is allowed. The interim orders dated 22.7.2025 and 15.10.2025, passed by this Court are made absolute, subject to the conditions as enumerated under Section 482(2) of BNSS.

6.

This order should not be treated as "blanket" order. It will not be read granting petitioner indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence. 7.

Liberty is reserved in favour of State/complainant to move for cancellation/recall of this order in case the petitioner violates any condition stipulated under Section 482(2) of BNSS or upon showing any other sufficient cause.

8.

Needless to say that anything observed herein above shall not be construed to be an opinion on the merits of the case. (SUMEET GOEL) JUDGE 6.11.2025 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No