Sonam Raghuvanshi’s bail cancelled by Supreme Court in Meghalaya honeymoon murder

Sonam Raghuvanshi was granted bail in April after a Shillong court found that the grounds of arrest had not been effectively communicated.

Sonam Raghuvanshi , Sonam Raghuvanshi case, Supreme Court Sonam Raghuvanshi, Meghalaya honeymoon murder case, Raja Raghuvanshi murder, Meghalaya High Court, Shillong court bail, honeymoon murder news, Meghalaya crime case, India legal newsThe Supreme Court said bail is the rule and jail the exception, but noted that earlier bail rejections on merits had attained finality and trial has begun. (File Photo)

Sonam Raghuvanshi, accused of murdering her husband on their honeymoon in Meghalaya last year, has to go back to jail within three weeks after the Supreme Court cancelled her bail Thursday.

She had been granted bail in April by the Meghalaya High Court due to a clerical error in the grounds for arrest communicated to her by the police.   

Calling it an “error”, the Supreme Court said that while bail is the rule and jail is the exception, her being out on bail at this stage can “hinder the ongoing trial”.

A bench of Justices M M Sundresh and P B Varale disagreed with the Meghalaya High Court, which said the grounds of arrest “were not supplied to the accused”.

Sonam Raghuvanshi was arrested days after the May 23 murder of her new husband, Indore-based businessman Raja Raghuvanshi, during their honeymoon in the hill state.

‘Courts have committed an error’

The Supreme Court said it was not as if Sonam Raghuvanshi was not handed the grounds of arrest, even though the reason for arrest may not have been adequate. “There is a difference between non-service and giving adequate reasons. While the first category might vitiate the arrest, in the second, one has to see the prejudice,” the top court said.

It added that Sonam had “expressed her satisfaction on the (receipt of) reasons behind her arrest”.

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“Documents were indeed served. Therefore, we are not inclined to go into the issue of the validity of the arrest. Suffice it to state that both courts have committed an error by granting bail on the basis of the judgment rendered by this court.”

The court said that Sonam could apply for bail afresh if the trial was not completed in six months.

Previous bails

She was granted bail on April 27 by a Shillong court, which said the grounds of arrest had not been effectively communicated to her. On June 29, the Meghalaya High Court dismissed the state’s appeal challenging that order.

While challenging the bail, the Meghalaya Government argued that the grounds of arrest were communicated to her, but due to a typographical error, Section 403(1) was mentioned on the arrest memo instead of Section 103(1) (murder) of the Bharatiya Nyaya Sanhita (BNS).

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The state’s plea also stated that Sonam was granted bail in her fourth attempt, after the trial court rejected three previous requests, saying she was a flight risk and raising the possibility of her tampering with evidence, given her past conduct.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 26 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with the daily newspaper, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

 

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