ANOTHER KAVITA SACHDEVA @ KAVITA & ANOTHER KAVITA SACHDEVA v. STATE OF PUNJAB STATE OF PUNJAB
Case Details
CRM-M-32781 32781-2025 -1- 205 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH CRM- -M-32781-2025 Date of Decision: 07.11.2025 Date of Decision: ANOTHER KAVITA SACHDEVA @ KAVITA & ANOTHER KAVITA SACHDEVA …Petitioners Versus STATE OF PUNJAB STATE OF PUNJAB
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH …Respondent Present:- Mr. Om Malhan, Advocate for the petitioners. Mr. Bareen Pratap Singh, AAG, Punjab. Mr. Bareen Pratap Singh, AAG, Punjab. SANJAY VASHISTH SANJAY VASHISTH, J.(Oral) 1. Prayer in this petition, filed under Section 482 of the Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory has been booked in a criminal case arising bail to the petitioners, who has been booked in a criminal case arising bail to the petitioner out of First Information Report, as detailed hereunder:- out of First Information Report, as detailed hereunder: out of First Information Report, as detailed hereunder: of FIR No. Date Section(s) Section(s) Name Petitioner (s) 13 Kavita Sachdeva @ Kavita Sushil Bala 467, 467, 420, 17.02.2025 420, 468, 120-B 468, 120 IPC Police Station District Makhu Ferozepur 2. On 09.07.2025 following order was passed: .07.2025 following order was passed:- “1. Prayer in this petition, filed under Section 482 of the 1. Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked anticipatory bail to the petitioner, who has been booked HIMANSHU 2025.11.10 17:03 I attest to the accuracy and integrity of this document CRM-M-32781 32781-2025 -2- arising out of First Information Report, in a criminal case arising out of First Information Report, as detailed hereunder:- of FIR No. Date Section(s) Section(s) Name Petitioner (s) 13 Kavita Sachdeva @ Kavita Sushil Bala 467, 467, 420, 17.02.2025 420, 468, 120-B 468, 120 IPC Police Station District Makhu Ferozepur 2. While reading out the contents of the FIR, learned the contents of the FIR, learned counsel for the petitioners submits that the total disputed counsel for the petitioners submits that the total disputed amount, as alleged by the complainant, is Rs.23 lakhs. It amount, as alleged by the complainant, is Rs.23 lakhs. It is further submitted that an amount of Rs.5 lakhs has is further submitted that an amount of Rs.5 lakhs has already been returned by petitioner No.1 – Kavita already been returned by petitioner No.1 through bank transaction, as also reflected in the hrough bank transaction, as also reflected in the compromise deed dated 20.03.2024 (Annexure P-2). compromise deed dated 20.03.2024 (Annexure P Referring further to the allegations in the FIR, Referring further to the allegations in the FIR, learned counsel points out that the complainant has also learned counsel points out that the complainant has also admitted of receiving an additional amount of Rs.6 lakhs admitted of receiving an additional amount of Rs.6 lakhs in cash, which brings the total admitted amount to Rs.11 in cash, which brings the total admitted amount to Rs.11 lakhs, apart from the car belonging lakhs, apart from the car belonging to petitioner No.1, which is also in possession of the complainant. which is also in possession of the complainant. It is further submitted that petitioner No.1 – Kavita It is further submitted that petitioner No.1 is now all alone, having been deserted by her husband is now all alone, having been deserted by her husband following the registration of the FIR, and is therefore following the registration of the FIR, and is therefore e liabilities independently. unable to meet out the liabilities independently. Learned counsel states that the petitioners are Learned counsel states that the petitioners are ready and willing to join the investigation and fully ready and willing to join the investigation and fully cooperate with the investigating agency, and accordingly, cooperate with the investigating agency, and accordingly, prays for the grant of anticipatory bail. prays for the grant of anticipatory bail. 3. Notice of motion. On advance notice, Mr. Neeraj Madaan, Sr. DAG, 4. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, appears on behalf of respondent–State and seeks Punjab, appears on behalf of respondent time to file a reply. Adjourned to 26.09.2025. 5. Adjourned to 26.09.2025. 6. Taking into consideration that the matter arises out Taking into consideration that the matter arises out of a monetary dispute, that the petitioners are women, of a monetary dispute, that the that the husband of petitioner No.1 is yet to be arrested, that the husband of petitioner No.1 is yet to be arrested, and that a part payment of Rs.11 lakhs has already been and that a part payment of Rs.11 lakhs has already been received by the complainant as per submissions of received by the complainant as per submissions of learned counsel for the petitioners, this Court deems it learned counsel for the petitioners, this Court deems it to grant interim protection to the petitioners. appropriate to grant interim protection to the petitioners. HIMANSHU 2025.11.10 17:03 I attest to the accuracy and integrity of this document CRM-M-32781 32781-2025 -3- Accordingly, the petitioner the petitioners are directed to join the investigation as and when required to do so by the investigation as and when required to do so by the Investigating Agency. In the event of their arrest, the Investigating Agency. In the event of s shall be released on interim bail, subject to petitioners shall be released on furnishing bail bonds to the satisfaction of the their furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioners shall also be abide by Arresting Officer. The petitioner all the conditions laid down under Section 482(2) of all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). BNSS, 2023 (earlier Section 438(2) Cr.P.C.). Besides, it is directed that petitioners would hand Besides, it is directed that 7. over their passport to the Investigating Agency or to passport to the Investigating Agency or to . Otherwise, would submit Court concerned, if the possess. Otherwise, would submit an affidavit, disclosing the fact that they do not possess an affidavit, disclosing the fact that any passport. It is also directed that before leaving country any It is also directed that before leaving countr would seek prior permission time during trial, petitioners would seek prior permission to the Court.” 3. Continuing his submissions, learned counsel for the Continuing his submissions, l contends that in compliance of the order dated 09.07.2025, contends that in compliance of the order dated petitioners contends that in compliance of the order dated passed by this Court, petitioners have joined th passed by this Court, petitioner joined the investigation, and have fully co operated. Therefore, he prays for confirmation of the fully co-operated. Therefore, he prays for confirmation of the said interim anticipatory bail order. said interim anticipatory bail order. 4. Learned State counsel confirms the said averment made Learned State counsel confirms the said averment made of joining the investigation on by counsel for the petitioners of joining the investigation on by counsel for the petitioner 18.09.2025 by the petitioner , and submits that as of now, custodial by the petitioners, and submits that as of now, custodial not required for the purpose of interrogation of the petitioners are not required for the purpose of interrogation of the petitioner investigation. investigation. 5. 6. Heard learned counsel for the parties. Heard learned counsel for the parties. already joined the investigation Since, petitioners have already joined the investigation custodial interrogation is no more required; ad-interim bail order custodial interrogation is no more required; ad and custodial interrogation is no more required; ad dated 09.07.2025, passed by this Court is hereby made absolute. .07.2025, passed by this Court is hereby made absolute. Accordingly, present petition is allowed. Accordingly, present petition is allowed. HIMANSHU 2025.11.10 17:03 I attest to the accuracy and integrity of this document CRM-M-32781 32781-2025 -4- shall continue However, petitioners shall continue to to join join the the d to do so and abide by all the terms investigation as and when required to do so and abide by all the terms investigation as and when require and conditions laid down under Section 482(2) of BNSS, 2023. and conditions laid down under Section 482(2) of BNSS, 2023. and conditions laid down under Section 482(2) of BNSS, 2023. 7.
Decision
Accordingly, petition stands disposed of. Accordingly, petition stands disposed of. (SANJAY VASHISTH) JUDGE 07.11.2025 himanshu Whether reasoned/speaking: Yes/No Whether reportable: Yes/No HIMANSHU 2025.11.10 17:03 I attest to the accuracy and integrity of this document