The Supreme Court had canceled Sonam’s bail and directed her to surrender within three weeks
The prime accused in the murder of Indore transport businessman Raja Raghuvanshi, Sonam Raghuvanshi, surrendered before a court in Shillong, Meghalaya, on Wednesday. She has been sent to jail.
On 23 July, the Supreme Court cancelled Sonam’s bail and directed her to surrender before the concerned court within three weeks. She appeared before the court and surrendered before the deadline ended.
Reacting to the surrender, Raja’s brother, Vipin Raghuvanshi, said, “I thank the Meghalaya government. Because of their efforts, we now have hope of getting justice.”
Supreme Court said granting bail was a mistake
On 23 July, the Supreme Court ordered Sonam to surrender within three weeks. The court observed that the High Court and the trial court had erred in granting bail based on alleged shortcomings in informing her of the grounds for arrest.
The Supreme Court also directed the police to complete the trial within six months. It further clarified that if the trial is not completed within the stipulated period, Sonam Raghuvanshi will be free to apply for bail again.
Grounds for arrest were stated, so bail was wrong
The Supreme Court had said that under Article 22(1) of the Constitution, it is mandatory to inform about the grounds of arrest, but in this case, there was no complete failure in stating the grounds of arrest.
According to the court, not stating the grounds of arrest at all and some information being inadequate are two different situations. Therefore, granting bail merely on the basis of a technical flaw was not appropriate.
Being out on bail can affect the trial
The court had also stated that Sonam had confirmed before the magistrate receiving the grounds for arrest and related documents. Even if there is any deficiency in the arrest process, the investigating agency can re-arrest if needed.
The bench of Justice M.M. Sundresh and Justice P.B. Varale had said that Sonam’s bail applications have already been rejected on merit and the trial has commenced. In such a situation, at this stage, the accused being out on bail can affect the trial.
With these observations, the Court, while quashing the High Court’s bail order, directed Sonam to surrender within three weeks. In this case, Solicitor General Tushar Mehta represented the Meghalaya government.
