Habeas Corpus Writ Can't Be Issued To Release Accused Taken Into Custody After Dismissal Of Bail Pleas : Supreme Court

The Supreme Court has set aside a Madhya Pradesh High Court order that had directed the release of an accused through a habeas corpus petition after his four successive bail applications were rejected. Calling the High Court's approach “totally unknown to law” and “shocking to the conscience of this Court”, a Bench of Justices Rajesh Bindal and Manmohan allowed the State's appeal.

The case concerns Jibrakhan Lal Sahu, accused in a cheating and criminal breach of trust case registered in 2021 in Bhopal. Following his arrest in December 2023 and filing of a chargesheet in February 2024, Sahu unsuccessfully approached the High Court four times for regular bail. All applications were dismissed between January and May 2024.

After these rejections, his daughter Kusum Sahu filed a habeas corpus petition claiming unlawful detention. On October 3, 2024, the High Court accepted the plea and ordered his release on a personal bond of ₹5,000, holding that Sahu's continued custody amounted to illegal detention, particularly considering the family's financial inability to approach the Supreme Court.

The State challenged this order. On July 18, 2025, the Supreme Court stayed the High Court's direction, observing that it was “prima facie shocking”. Despite the stay, Sahu did not surrender until October 25.

Setting aside the High Court's ruling, the Supreme Court held that custody pursuant to a criminal case, especially after multiple bail rejections,cannot be termed unlawful. The Bench noted that the High Court examined the case on merits “as if hearing an appeal against rejection of bail”, which is impermissible in a habeas corpus proceeding.

“The manner in which the case has been dealt with really shocks the conscience of this Court,” the Bench said, adding that permitting such an approach would “scuttle the due process of law” and must be prevented “to nip the evil in the bud”.

"Lest the High Court starts following the impugned order as a precedent to scuttle the due process of law, to nip the evil in the bud, we hold that custody of an accused in a criminal case registered against him cannot be held to be unlawful especially when his bail applications have been dismissed," the Court held.

Since Sahu has already surrendered, the Court clarified that any future bail plea filed by him must be considered independently on its merits by the appropriate court.

Case : State of Madhya Pradesh v Kusum Sahu

Citation : 2025 LiveLaw (SC) 1110

Click here to read the order