Supreme Court Refuses to Cancel Sonam Raghuvanshi's Bail Order

Transportation businessman Raja Raghuvanshi had been reported missing in Meghalaya last May while on vacation with his wife. His badly decomposed body was discovered on a steep incline in the Sohra region on June 2. Sonam and several co-accused, including her supposed lover, were arrested.

Clerical Error Became Crucial Bail Factor

The clerical error that allowed for Sonam's bail on April 27 came into play when, instead of being cited under the Bharatiya Nyaya Sanhita (BNS) Section 103 (murder), the police informed her she was arrested under a non-existent Section 403(1) of the BNS. Old IPC's Section 403 deals with the misappropriation of property. 

The trial court stated that the error extended beyond one document. Incorrect section citations appeared in arrest documents, case summaries, inspection reports, notices regarding rights, and extracts of case files.

Sonam Not Informed of Arrest Grounds

Despite the state's claim of mere clerical error, the court concluded the recurring error was significant. The court reasoned that since Ms. Raghuvanshi was not properly informed about her arrest, her right to be made aware of it being violated, she was granted bail. 

While the Supreme Court expressed some concerns about the high court's decision, they chose not to revoke the bail since Ms. Raghuvanshi had already been released. 

State Calls Murder Carefully Planned Conspiracy

Justices MM Sundresh and Sheel Nagu's bench indicated that they would wait to see how the trial proceeds. For the state, Solicitor General Tushar Mehta depicted the murder as shocking and premeditated, asserting the high court had made a mistake by ordering bail on a mere typographical error in the arrest documents, especially since three earlier bail attempts had been rejected on the basis of available material implicating her in the crime.

“It is a predetermined murder. There are three accomplices travelling with the wife. She takes her husband to a secluded hilly area, where he is killed. She also participated in the assault... She later absconded and was arrested in Uttar Pradesh,” Mehta said.

As Mehta persisted in requesting the bail order be reversed, the bench advised that all allegations should be examined during the trial, not at this stage.