Guwahati: The Supreme Court on Wednesday indicated that it may refer the legal issue of whether defects in an arrest memo can invalidate an arrest and justify the grant of bail to a larger Bench, while hearing the Meghalaya government’s appeal against bail granted to Sonam Raghuvanshi in the Raja Raghuvanshi honeymoon murder case.
A Bench of Justices Manoj Misra and Shree Chandrashekhar directed the Meghalaya government to produce the original arrest documents and records relating to Sonam’s arrest for its examination.
The matter arose after the Meghalaya government challenged the High Court’s decision upholding a trial court order granting bail to Sonam. The High Court had observed that the arrest memo cited an incorrect legal provision and that the investigating agency had failed to provide proper written grounds of arrest, holding that these procedural lapses vitiated the arrest.
Appearing for the Meghalaya government, Solicitor General Tushar Mehta argued that the incorrect provision mentioned in the arrest memo was merely a clerical or typographical error and did not prejudice the accused. He contended that such an error should not override the seriousness of the allegations in a murder case or become the sole basis for granting bail.
During the hearing, the Supreme Court observed that the issue involved an important question of law with wider implications for criminal jurisprudence. The Bench said it was considering referring the matter to a larger Bench to settle whether defects in arrest documentation, by themselves, could render an arrest illegal and entitle an accused to bail.
The court, however, did not pass any interim order on the Meghalaya government’s plea seeking cancellation of Sonam’s bail. Instead, it asked the state to place the original arrest records before it and posted the matter for further hearing.
The case relates to the alleged murder of Indore businessman Raja Raghuvanshi during his honeymoon in Meghalaya in May 2025. Investigators have alleged that Sonam Raghuvanshi conspired with hired assailants to kill her husband. The case had triggered nationwide attention due to its sensational nature and the subsequent legal battle over the validity of the arrest and the grant of bail.
The Supreme Court‘s eventual ruling is expected to have wider ramifications for criminal procedure, particularly on the legal consequences of procedural errors in arrest documentation.