'An exception...': Why Supreme Court refused to send Sonam Raghuvanshi back to jail

THe sublime margaret court on fri refused to direct bump off accused Sonam Raghuvanshi back to jail, despite expressing serious reservations over the Meghalaya high court's decision to grant her bail in the Raja Raghuvanshi murder case. Hearing the Meghalaya government's appeal against the June 29 bail order, a bench of Justices MM Sundresh and Sheel Nagu said it was mindful of the settled legal principle that "bail is the rule and jail is the exception", even in cases involving grave allegations."We are conscious of the fact that she was in incarceration for a while. We know that bail is the rule and jail is the exception. Regardless of how heinous the crime is, we will try to think of a balanced approach," the bench observed.The court said it would have been inclined to stay the bail order had Sonam not already been released from prison."Prima facie, we would have stayed the order of bail, but since she has already been released, we would not want to intervene," the bench said while issuing notice to Sonam and posting the matter for hearing on July 9.Why did the Supreme Court refuse to stay Sonam's bail?The bench noted that once an accused has been released pursuant to a judicial order, courts must tread carefully before sending them back to prison, particularly when the trial has already commenced.The judges also reiterated that criminal allegations, however serious, are ultimately matters to be tested during trial and cannot override the presumption of innocence that operates until conviction."These are facts and matters to be decided during the trial," the court observed after Solicitor General Tushar Mehta described the allegations as "shocking" and "chilling".The Meghalaya government informed the court that Sonam had already been released and was in Shillong following the High Court order, prompting the bench to reconsider passing an interim stay.What did the Supreme Court find problematic in the High Court order?Even as it declined to interfere immediately, the Supreme Court made it clear that it was not convinced by the reasoning adopted by the Meghalaya High Court while upholding Sonam's bail."Prima facie, we have reservations on how the High Court dealt with the matter," Justice Sundresh remarked during the hearing.The High Court had upheld bail primarily on the ground that arrest documents repeatedly cited Section 403 of the Bharatiya Nyaya Sanhita (BNS) instead of Section 103, which pertains to murder.The order also took note of irrelevant allegations included in the arrest papers, including references to offences outside India and desertion from the armed forces, and termed the documents an example of "total non-application of mind".However, the Supreme Court questioned whether such a defect was sufficient to justify bail in a murder case, particularly when Sonam had admittedly been informed about the reasons for her arrest and had never raised the issue in her three earlier unsuccessful bail pleas."Fact remains you have been informed. Earlier bail applications, you did not raise the issue. It is not the case that grounds have not been provided," the bench orally observed.Meghalaya government's argumentAppearing for the Meghalaya government, Solicitor General Tushar Mehta argued that the High Court had granted relief on a mere technicality despite overwhelming material collected during the investigation.According to the prosecution, Raja Raghuvanshi's murder was a pre-planned conspiracy allegedly orchestrated by Sonam along with her alleged lover Raj Kushwaha and other co-accused.Mehta told the court that Sonam travelled to Meghalaya with three accomplices, actively participated in the assault and later helped dispose of Raja's body by throwing it into a gorge.The state also argued that the reference to Section 403 instead of Section 103 in the arrest papers was merely a typographical error that caused no prejudice to the accused.The Raja Raghuvanshi murder caseRaja Raghuvanshi, a 29-year-old businessman from Indore, travelled to Meghalaya with his wife Sonam shortly after their wedding in May 2025 for their honeymoon.The couple went missing after checking out of a homestay in Nongriat on May 23. Raja's body was later recovered from a gorge near Weisawdong Falls in Sohra, while Sonam was traced days later in Uttar Pradesh.The Meghalaya Police subsequently filed a chargesheet exceeding 700 pages, alleging that the murder was part of a premeditated conspiracy involving Sonam and her alleged associates.The trial is currently underway, with witnesses already being examined.