Court Rules Judicial Custody Cannot Be Termed Unlawful Detention; Dismisses Petition Seeking Immediate Release
Indore, May 8, 2026: In a significant judgment, the Madhya Pradesh High Court, presided over by Justices Vijay Kumar Shukla and Alok Awasthi, dismissed a writ petition filed by Sabah Antulay seeking a writ of habeas corpus, alleging illegal detention by the State of Madhya Pradesh. The court ruled that the petition was not maintainable as Antulay was in judicial custody pursuant to a remand order by a competent court, thereby not constituting unlawful detention.
The case stems from the arrest of three individuals—Salman, Imtiaz, and Johar Hussain—on December 3, 2024, for possession of 64.70 kg meat of wild species, including Blackbucks and Chikara, along with a country-made pistol and other items. The petitioner, Sabah Antulay, was subsequently arrested on October 27, 2025, based on the memorandum statements from the aforementioned individuals. Antulay's bail application was previously rejected by the High Court, leading to the filing of the current habeas corpus petition.
The petitioner argued that the arrest was unfounded as no recovery was made from him, and he was detained solely based on the statements of the co-accused. The petitioner's counsel, Shri Ali Kaashif Khan Deshmukh, cited several Supreme Court judgments to support the plea for immediate release.
However, the State, represented by learned Additional Advocate General Shri Sonal Gupta, contended that the petition was not maintainable under the legal framework. The respondent argued that the judicial custody of the petitioner was lawful and that the remedy lay in challenging the remand order or seeking bail through the appropriate forum.
The court cited precedents from various cases, including State of Maharashtra v. Tasneem Rizwan Siddique and Saurabh Kumar Through His Father v. Jailor, Koneila Jail, emphasizing that judicial custody following a remand order cannot be deemed unlawful. The court underscored that habeas corpus is not applicable in situations where the custody is sanctioned by judicial authority, and the proper course is to challenge the remand order or pursue bail.
The judgment reinforces the legal principle that habeas corpus is not the appropriate remedy for individuals in judicial custody due to a remand order, reflecting the judiciary's stance on safeguarding due process while balancing individual rights.
Bottom line:-
A writ of habeas corpus cannot be issued for a person in judicial custody pursuant to an order of remand by a competent court in a criminal case, and such custody cannot be termed unlawful detention.
Statutory provision(s): Criminal Procedure Code, 1973 - Section 439, Constitution of India - Article 226
Sabah Antulay v. State of Madhya Pradesh, (Madhya Pradesh)(DB)(Indore) : Law Finder Doc id # 2897983
