In a sharply worded order that turned the courtroom atmosphere tense for a few minutes, the Supreme Court on Monday set aside a Madhya Pradesh High Court ruling that had ordered the release of an accused through a habeas corpus petition. The bench expressed visible surprise at the “unusual route” adopted by the petitioner and remarked that the High Court’s approach “shocks the conscience of this Court.”
The matter, which saw both sides arguing with equal urgency, revolved around the arrest and custody of Jibrakhan Lal Sahu, booked for cheating and criminal breach of trust in 2021.
Background
The case began when Police Station Bagsewaniya in Bhopal registered FIR No.157/2021 against Jibrakhan Lal Sahu under Sections 420 and 409 of the IPC. He was arrested in December 2023, and the chargesheet followed in February 2024.
Read also: Supreme Court Warns of Exploding Drug Crisis Among India’s Youth While Overturning Bail in
What happened next was a long, almost frantic attempt to secure bail. Between January and May 2024, Sahu filed four separate bail applications before the Madhya Pradesh High Court. All were dismissed-two on merits, and two as withdrawn.
Then came the twist.
His daughter, Kusum Sahu, moved the High Court with a habeas corpus petition-typically meant for illegal detention cases-claiming her father’s continued custody was unlawful. The High Court accepted the plea and ordered his release on a ₹5,000 personal bond. This immediately raised eyebrows in legal circles because custody based on judicial orders is usually never considered “illegal detention.”
The State of Madhya Pradesh challenged the decision before the Supreme Court, which stayed the order in July 2025. Yet, the accused did not surrender for weeks and finally appeared on 25 October 2025.
Court’s Observations
As the hearing unfolded, the bench of Justice Rajesh Bindal and Justice Manmohan minced no words. At one point, Justice Bindal remarked, “The manner in which jurisdiction has been exercised by the High Court really shocks the conscience of this Court.”
Read also: Patna High Court Grants Anticipatory Bail To YouTuber Manish Kashyap Amid Allegations Of
The judges noted that the High Court, instead of directing the petitioner to the proper appellate process after repeated bail rejections, proceeded to examine the case on merits as though it was dealing with a bail appeal.
The bench explained in simple terms that habeas corpus cannot be used to override judicial custody ordered by a competent court. “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 bench observed.
The State termed the High Court order “totally without jurisdiction,” while the respondent’s counsel candidly admitted that “the process adopted was wrong though the relief was rightly granted.” He also tried to argue that two co-accused had already secured bail and sought similar treatment for Sahu.
The judges, however, maintained firm boundaries. They clarified that bail, if requested again, must be considered independently by the trial court-but the High Court’s extraordinary use of habeas corpus could not be allowed to stand.
Read also: Bombay High Court Refuses to Quash CBI IPO Scam Cases Against Broker Manoj Seksaria Despite SEBI
Decision
Concluding the hearing, the Supreme Court allowed the State’s appeal and set aside the High Court’s 3 October 2024 order. With the accused already back in custody, the Court made it clear that any future bail application must be decided strictly “on its own merits.”
And with that, the matter ended precisely where the Supreme Court intended-at restoring legal procedure to its proper course.
Case Title: State of Madhya Pradesh vs. Kusum Sahu (Habeas Corpus–Misuse of Jurisdiction Case)
Court: Supreme Court of India
Bench: Justice Rajesh Bindal & Justice Manmohan
Type of Case: Criminal Appeal arising from a habeas corpus order
Appellant: State of Madhya Pradesh & Others
Respondent: Kusum Sahu (daughter of accused Jibrakhan Lal Sahu)
Date of Judgment: 03 November 2025