In a landmark judgment, the Madhya Pradesh High Court invoked its extraordinary powers under Article 226 of the Indian Constitution to grant bail to Jibrakhan Lal Sahu, who had been in detention since December 2023. The court, expressing deep concern over the selective arrest and prolonged detention of Sahu, ordered his immediate release. The case, titled Kusum Sahu v. State of Madhya Pradesh and Others (Writ Petition No. 24337 of 2024), was heard by a division bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain.
Background of the Case:
The petitioner, Kusum Sahu, approached the Madhya Pradesh High Court seeking the release of her father, Jibrakhan Lal Sahu, who had been detained in connection with an FIR (No. 157/2021) lodged at Police Station Bagsewania. The FIR alleged that Sahu had misappropriated Rs. 1,98,000 from investors while serving as a Director of Suvidha Land Developers India Pvt. Ltd. He was accused of cheating and criminal breach of trust under Sections 420 and 409 of the Indian Penal Code.
However, the petitioner argued that her father had no formal role in the company, neither as a director nor managing director, and that the charges were based on incorrect facts. Despite these assertions, several bail applications had been rejected over the past year, leading Sahu’s daughter to seek relief under Article 226, which grants High Courts the power to issue writs for enforcement of fundamental rights.
Legal Issues:
1. Misuse of Judicial Process: The petitioner contended that the rejection of multiple bail applications was based on flawed findings and incomplete investigation, leading to the wrongful detention of her father.
2. Extraordinary Powers of Article 226: The court had to determine whether it could intervene by exercising its extraordinary powers under Article 226 to grant bail, despite the availability of the traditional appellate route.
3. Selective Prosecution: It was highlighted that despite several people being named in the FIR, only the petitioner’s father had been arrested, raising questions of fairness and selective enforcement of the law.
Court’s Observations:
During the proceedings, the court expressed its displeasure at the manner in which the case had been handled. Hon’ble Chief Justice Suresh Kumar Kait remarked:
“It is shocking that except the father of the petitioner, no one has been arrested so far till date.”
The bench noted that Sahu had a minor equity share in the company and was not directly responsible for its operations. Despite this, he had been in jail since December 12, 2023, while the other individuals implicated in the case had faced no such action.
Decision:
After careful consideration, the Madhya Pradesh High Court invoked its powers under Article 226 to grant bail to Jibrakhan Lal Sahu. The court ruled that the prolonged detention amounted to an infringement of his fundamental rights, as enshrined in the Constitution of India. In its order, the bench directed the immediate release of Sahu, contingent upon him furnishing a personal bond of Rs. 5,000 with one surety of the same amount.
The court also ordered the police to interrogate the other directors and managing directors of Suvidha Land Developers India Pvt. Ltd., whose roles in the case had not been properly investigated.
Case Title: Kusum Sahu v. State of Madhya Pradesh and Others
Case Number: Writ Petition No. 24337 of 2024
Bench: Chief Justice Suresh Kumar Kait and Justice Vivek Jain
Petitioner: Kusum Sahu
Respondent: The State of Madhya Pradesh and Others
Advocate for Petitioner: Shri Amitabh Gupta
Advocate for Respondent: Shri S.S. Chouhan
