The Allahabad High Court granted bail to Mohd. Azam Khan and his son, Mohd. Abdullah Azam Khan, by suspending their sentences but refused to stay their convictions.
The order was passed by a single bench of Justice Samit Gopal on the criminal revisions filed by Mohd. Azam Khan and Mohd. Abdullah Azam Khan against the judgment and order dated 17.11.2025 passed by the Special Judge (MP/MLA)/Court of First Additional Chief Judicial Magistrate, Rampur.
Both the criminal revisions are connected together in compliance of the earlier order dated 17.6.2026 passed by the same bench in Criminal Revision No.3685 of 2026, Mohd Abdullah Azam Khan vs. State of U.P. and others and it was decided by a common order.
Facts of the case:
The case arose from an FIR lodged by Akash Saxena on December 06.12.2019, alleging that both the revisionists used forged documents, including a PAN card showing a date of birth of 30.09.1990, to overcome the age-related eligibility requirement for the 2017 election.
⚖️ Get daily Supreme Court & High Court case summaries + Order (PDF download links on WhatsApp): Join Practicing Lawyer Channel
The FIR was registered as Case Crime No. 980 of 2019 under Sections 420, 467, 468, 471 and 120-B of the IPC.
In the FIR it was alleged that Mohd. Abdullah Azam Khan prepared and used forged documents in a planned conspiracy with his father, Mohd. Azam Khan, to secure nomination for the Vidhan Sabha election.
The trial court convicted both accused. Their appeals against conviction were dismissed, while the State’s appeal and a separate criminal revision seeking enhancement of sentence were allowed. The conviction and sentences were modified and enhanced by the trial court.
Arguments by the parties:
Counsels for the revisionist argued that no person has been defrauded and also no person has been deceived by the act of the accused. Further in relation to the allegation regarding obtaining a passport by using forged documents, he was acquitted of the charges.
It was alleged that the maximum sentence awarded was 10 years’ rigorous imprisonment for Mohd. Azam Khan and seven years’ rigorous imprisonment for Mohd. Abdullah Azam Khan.
Counsel for the State opposed the suspension of sentence/bail and the prayer for the suspension of conviction. It was submitted that the trial court rightly convicted them and the appellate court enhanced the sentence by finding it to be inappropriate.
Further, it was submitted that during his tenure as a minister in the State of Uttar Pradesh, Mohd. Azam Khan exercised undue influence over the agencies under his ministerial control to alter the date of birth in Mohd. Abdullah Azam Khan’s passport, PAN card, and birth certificate; however, the corresponding date of birth in his educational records remained unchanged.
Read also: Marital Status Cannot Be a Disqualification for Compassionate Appointment: Allahabad High Court
Findings of Court:
The Court noted that Mohd. Azam Khan had undergone about four years, one month and nine days in custody, while on the other hand, Mohd. Abdullah Azam Khan had undergone about three years, six months and thirteen days, including the period of remission.
Considering the nature of the occurrence, the period already spent in custody and the fact that the sentences were for fixed terms, the Court held that both revisionists were entitled to be released on bail.
Accordingly, prayer for suspension of sentence/bail was allowed, and both were directed to furnish personal bonds and two sureties each to the satisfaction of the court concerned.
Not only this, they were also directed to deposit half of the amount of the fine as imposed by the appellate court.
On the plea to stay the conviction, the Court observed that criminal antecedents, the gravity of the offence and its wider social impact must be considered.
The Court referred to the criminal antecedents disclosed by the revisionists. Mohd. Azam Khan was shown to be involved in 92 cases, with eight previous convictions; 81 cases were pending against him. Mohd. Abdullah Azam Khan was involved in 46 cases, with four convictions by Magistrate courts and 44 cases pending.
In view of their criminal antecedents, previous convictions and involvement in a large number of cases, the Court found no justifiable reason to stay their convictions and rejected the said prayer.
Case law Cited:
Regarding the prayer for suspension of conviction on the ground that accused persons would face disqualification, the bench cited the various decisions passed in Vikram Singh Saini v. State of U.P. : 2022 SCC OnLine All 773; Navjot Singh Sidhu v. State of Punjab : (2007) 2 SCC 574; and Public Interest Foundation v. Union of India (2019) 3 SCC 224.
Directions:
The court took on record both criminal revisions and expedited the hearing and ordered the matters to be listed for a final hearing in the third week of January 2027.
Case: Mohd Azam Khan vs State of U.P. and 3 others
Case No.: Criminal Revision No. – 3893 of 2026 connected with Criminal Revision No. – 3685 of 2026
Date of Order: 29.10.2026
Order: Click here for download
