The Supreme Court in case of Mohammad Azam Khan v. State of Uttar Pradesh granted interm bail and directed Khan to file for regular bail before the competent court within two weeks.
On Thursday the Supreme Court in case of Mohammad Azam Khan v. State of Uttar Pradesh granted interim bail to Samajwadi Party leader Azam Khan in a case related to forgery and criminal conspiracy.
The bench comprising Justices L Nageswara Rao, BR Gavai and AS Bopanna excersied their power under Article 142 of the Constitution passed the interim bail order granting Azam Khan bail.
“It is a fit case to exercise powers under Article 142 of the Constitution of India,”
said Justice BR Gavai.
The Court in the present context also directed Khan to file for regular bail before the competent court within two weeks
Azam Khan accused in a crimina lcase registered under section 420, 120B of the Indian Penal Code, 1860 (IPC).
Section 420 of IPC – Cheating and dishonestly inducing delivery of property
Section 120B – punishment for criminal conspiracy
Acordingly Azam Khan had moved to the Supreme Court seeking bail and quashing of proceedings against him. Further he also prayed for a direction to the State of Uttar Pradesh to approach the Supreme Court before arresting him in future.
Khan has been languishing in jail since February 2020, facing 87 criminal cases ranging from buffalo and goat theft to land-grabbing and electricity theft.
Despite the Allahabad High Court having granted him bail in multiple cases, Khan continues to be lodged at the Sitapur Jail, as orders in two other bail applications by him have been reserved but not pronounced yet.
When Azam Khan in Feabruary filed a plea seeking interim bail before the Supreme Court which refused to entertain a plea on the ground to campaign for the upcoming Uttar Pradesh assembly elections.
The apex court in April 2022 asked Khan’s counsel to first approach the High Court for bail.
The present pleas, filed through advocate Lzafeer Ahmad BF, stated that Khan has secured bail in 84 of the 87 allegedly politically-motivated cases filed against him.
The present matter relates to a case of cheating against him in connection with grant of affiliation to a school he runs.
It was also submited by the Additional Solicitor General (ASG) SV Raju to the apex court that Khan threatened the investigating officer (IO) in the jail premises.
“I will read the report by the IO. Khan said, “mai abhi marne wala nahi hu, paanch saal baad meri sarkar aayegi, phir dekhlunga”……Jiss SDM ne mere khilaaf mukadme likhwaye, usko mai chodunga nahi. Meri Sarkar aane do bas’,“.
ASG Raju had said.
“These are not threats, this is what politicians say everyday.“
Jjustice Rao responded
Senior Advocate Kapil Sibal who as appeared for Azam Khan, had submitted that Khan does not run the school but is just the chairman of the school.
“I don’t run this school. I have not done anything. There is a letter which says that the custody of the petitioner is required for a rubber stamp? How can they seek recovery without recording statements? Now they are coming here and say they are threatened,“
Sibal had stated
The apex court in today hearing ordered that interim bail to be granted to Azam Khan and further direceted him to apply for regular bail before the competent court within two weeks of time.
The Supreme Court, therefore, disposed of the writ petition and all the other applications.
Read Order
