Azam Khan to walk out of jail as Allahabad High Court grants bail in dual PAN card case

Duo to be released from jail upon completion of formalities.

The Allahabad High Court on Thursday granted bail to senior Samajwadi Party leader Azam Khan and his son Abdullah Azam in the alleged dual PAN card case, but dismissed their prayer seeking stay against their conviction. The court also suspended the sentence of the former Uttar Pradesh minister and his son, a former legislator.

The father-son duo is now likely to walk out of jail after bail formalities are done, their counsel Ankur Azad told The Indian Express.

Both were lodged in Rampur jail after a local court sentenced them on different charges including forgery, cheating and criminal conspiracy in November last year. The High Court had been hearing separate petitions of Azam and Abdullah with similar prayers.

'No reason for staying conviction'

A single bench of Justice Samit Gopal, in its order delivered Thursday, stated that Azam faced 92 criminal cases while Abdullah had 46 cases against him. Azam has been previously convicted in eight cases, and his appeal against two convictions was dismissed by the appellate court. There are 81 cases pending against him in various courts. Similarly, Abdullah has been convicted in four matters, and his appeals in two of these were dismissed by the appellate court, while 44 matters are pending against him, the bench stated.

The bench ordered, "Thus looking to the criminal antecedents of the accused/revisionists, their previous conviction(s), involvement in large number of criminal cases, no justifiable reason is coming forward for entertaining the plea for suspension of conviction. This Court does not find it a fit case for grant of stay of conviction to the revisionists Mohd. Azam Khan and Mohd. Abdullah Azam Khan. The said prayer(s) thus stand dismissed."

The grounds for bail

While hearing the bail plea, the bench also noted the years of incarceration of both the leaders, as ordered by trial and appellate courts in different cases.

The court stated that Azam has spent 4 years, 1 month, and 9 days in prison, as per custody certificate dated May 29, including the period of remission. Similarly, his son Abdullah has undergone a total sentence of 3 years, 6 months, and 13 days, including the period of remission, as per his custody certificate dated May 30.

Maximum punishment awarded to Azam Khan is 10-year rigorous imprisonment (RI), and 7-year RI to Abdullah, the court stated.

The bench of Justice Gopal ordered, "Looking to the nature of occurrence, period of detention of the accused/revisionists, the fact that the case in hand is for a fixed term of sentence, the present case is a fit case where the accused/revisionists- Mohd. Azam Khan and Mohd. Abdullah Azam Khan be enlarged on bail. Let both the revisionists - Mohd. Azam Khan and Mohd. Abdullah Azam Khan be released on bail in the aforesaid case."

The Special Judge (MP/MLA)/Court, Rampur, had convicted and sentenced Azam and Abdullah on November 17 last year, which was further upheld and their sentences enhanced by the appellate district court.

The case

An FIR was lodged against Azam and his son on December 6, 2019, based on a complaint filed by BJP leader Akash Saxena -- who became the Rampur MLA in the 2022 Uttar Pradesh Assembly elections.

He alleged that Abdullah Azam Khan had two PAN cards bearing different dates of birth -- January 1, 1993, and September 30, 1990. The first one was correct as per his educational certificate of High School, the complainant claimed.

He further alleged in the FIR that Abdullah had filed his nomination papers from Rampur's Swar MLA seat in the 2017 UP Assembly polls, and mentioned a forged PAN card number in the same. Saxena alleged that Abdullah forged the PAN card in a planned conspiracy with his father Mohd Azam Khan at the time of nomination in order to conceal his date of birth in order to overcome the age eligibility constraint and gain an undue benefit.

The matter is next slated for January 2027.