Supreme Court Considers Larger Bench Reference Over Arrest Memo Technicality
The Supreme Court on Thursday stated it might refer to a larger Bench the legal question of whether a mere typographical error in an arrest memo, specifically citing a wrong statutory section, is sufficient to invalidate an arrest and grant bail. This arises in the case of Sonam Raghuvanshi, accused of murdering her husband during a honeymoon in Meghalaya.
A Bench comprising Justices Manoj Misra and Shree Chandrashekhar indicated it would closely examine the Meghalaya High Court's decision to grant bail to Raghuvanshi on grounds that the arrest memo contained a typographical error. The High Court had noted that the arrest memo cited Section 403 instead of Section 103(1) of the Bharatiya Nyaya Sanhita, which deals with murder.
Previous Bench Refused to Stay Bail Order
On July 3, another Bench of Justices M M Sundresh and Sheel Nagu had refused to stay the High Court order granting bail to Raghuvanshi. The state government, represented by Solicitor General Tushar Mehta, argued that the error was purely clerical and should not invalidate the arrest.
“In this matter, this is a very serious case where bail is granted on the grounds that grounds (of arrest) were not supplied... though at the time of arrest, there is a record that there is a supply of grounds,” Mehta said.
Court to Reconcile Conflicting Judgments
The Bench said it must reconcile conflicting judgments regarding the necessity of providing grounds in writing at the time of arrest. “We will consider this matter at length. We will decide whether this requires to be referred to a larger Bench,” Justice Misra said.
The Solicitor General emphasized the gravity of the crime, describing it as a premeditated murder. “This is the case where both of them went on honeymoon in Meghalaya. It was a premeditated murder. She killed the husband on a hill and threw the body into a gorge... This is a very, very serious offence,” Mehta added.
Background of the Case
Sonam Raghuvanshi, a resident of Indore, Madhya Pradesh, was arrested in June 2025 in connection with the murder of her businessman husband, Raja Raghuvanshi. The couple went missing while vacationing in Meghalaya's Sohra area on May 23, 2025. Raja Raghuvanshi's body was found in a deep gorge on June 2, 2025. Police allege that Sonam conspired with hired assailants to kill her husband for financial gains.
On June 29, the Meghalaya High Court upheld a trial court order granting bail to the accused, dismissing a criminal petition filed by the state government seeking cancellation of bail granted on April 27. The High Court held that the manner in which the grounds of arrest were prepared reflected a “total non-application of judicious mind.”
Court Directs Police to Provide Documents
The Supreme Court directed the state police to provide legible photocopies of the original documents supplied to the accused to verify what information was actually communicated at the time of arrest. “If this ground (the technicality) is not sustainable, then the bail order goes,” Justice Misra orally observed.
The Court will now examine the issue further and decide on a possible reference to a larger Bench.
