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Constitutional Law

State of Madhya Pradesh vs. Kusum Sahu - Habeas Corpus - Custody In Criminal Case

CaseCiter

• 1 min read

Constitution of India - Article 226 - Habeas Corpus - 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. [Context: In this case, the accused was arrested and filed four bail applications before the High Court, which were rejected. Despite this, in a habeas corpus petition filed by his daughter, his custody has been held to be unlawful and he was directed to be released while examining the case on merits as if the Court was hearing appeal against the order rejecting the bail application. Allowing appeal, SC observed: The process followed is totally unknown to law]

Case Info


Case Details

  • Case name: State of Madhya Pradesh & Ors. vs. Kusum Sahu.
  • Neutral citation: Not provided on the page.
  • Coram: Justice Rajesh Bindal and Justice Manmohan.
  • Judgment date: November 03, 2025 (noted as “NEW DELHI; November 03, 2025.” and in the Record of Proceedings).

Caselaws and citations

  • No reported caselaw citations or precedents are quoted in the order.
  • Internal references:
    • High Court order: 03-10-2024 in WP No. 24337/2024 (Madhya Pradesh, Jabalpur).
    • Supreme Court interim order: 18-07-2025 (stay granted; notice issued).
    • Supreme Court order noting surrender direction: 06-10-2025.
    • Surrender of accused: 25-10-2025.

Statutes / laws referred

  • Indian Penal Code, 1860: Sections 420 and 409.
  • Constitution of India: Article 226 (High Court’s habeas corpus jurisdiction discussed).
State of Madhya Pradesh vs. Kusum Sahu - Habeas Corpus - Custody In Criminal Case
State of Madhya Pradesh vs. Kusum Sahu - Habeas Corpus - Custody In Criminal Case.pdf
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