Madhya Pradesh High Court Refuses Release Of Bangladeshi Woman, Fixes 6-Month Trial Deadline

In a significant order balancing individual liberty with statutory mandates under immigration law, the Madhya Pradesh High Court at Indore has refused to order the release of a Bangladeshi national lodged in a detention centre, while directing the State to expedite her criminal trial pending for over six years.

The Division Bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi was hearing a writ petition filed under Article 226 of the Constitution seeking a writ of habeas corpus and other consequential reliefs. The petitioner, Lima @ Riya Sheikh, a citizen of Bangladesh, sought her release from what was described as “illegal and unconstitutional detention”, along with directions for expeditious trial, compensation for prolonged incarceration, and initiation of action against erring officials.

Appearing for the petitioner, Ms. Shanno Shagufta Khan contended that despite being granted bail in the criminal case, the petitioner continued to remain confined, which amounted to arbitrary detention violative of Articles 14 and 21 of the Constitution. It was further urged that she had already undergone more than six years of incarceration and that the prosecution had failed to conclude the trial within a reasonable period.

On the other hand, Shri Sonal Gupta, Additional Advocate General for the State, submitted that the petitioner is an accused in Crime No. 70 of 2020 for offences punishable under Sections 346, 347, 323, 364-A, 506 and 34 of the Indian Penal Code, along with Sections 14(a), 14(b) and 14(c) of the Foreigners Act and the Passports Act, 1967. Although bail had been granted by the High Court earlier, the trial had not concluded and, therefore, in view of the provisions of the Foreigners Act and the Foreigners Order, 1948, she was being kept temporarily in a detention centre situated within District Jail, Indore, pursuant to an order of the District Magistrate, Indore.

The bench took note of the State’s submission that the petitioner was not lodged in a regular prison but in a designated detention centre as contemplated under the statutory framework. Declining the primary relief seeking immediate release, the court observed, “So far the relief… is concerned, we are not inclined to grant the said relief, as the petitioner is in the detention center and not in jail”.

The court further recorded that the trial remains pending and the presence of the petitioner may be required at any stage. It also referred to the “present international scenario” and observed that “it is for her safety to keep her in detention center”.

However, the bench did not ignore the prolonged pendency of the case. Acknowledging that the trial has remained pending for more than six years, the court directed the State to ensure that the prosecution agency takes steps to expedite the proceedings. It observed that the trial should be concluded within six months from the date of receipt of the certified copy of the order, “by producing the witnesses etc.”.

Significantly, the court granted liberty to the petitioner to approach it again if no meaningful progress is made within the stipulated period. “If there is no progress in the trial within the aforesaid period, then liberty is granted to the petitioner to file a fresh petition in this regard,” the order states. A copy of the order has also been directed to be placed before the concerned trial court.

The writ petition was accordingly disposed of.

Case Title: Lima @ Riya Sheikh v. The State of Madhya Pradesh and Others

Date of Order: February 23, 2026

Bench: Justice Vijay Kumar Shukla and Justice Alok Awasthi