Supreme Court Grants Bail To SP Leader Mohammad Azam Khan And His Son In Stolen Machinery Case

The Supreme Court on February 10 granted bail to Samajwadi Party leader Mohammad Azam Khan, a former member of the Uttar Pradesh Legislative Assembly from Rampur and his son Mohammed Abdullah Azam Khan, former member of the Legislative Assembly from Suar constituency in the stolen machinery case.

A Special Leave Petition was filed by them challenging the January 29 order of the Allahabad High Court refusing to grant them bail.

A bench of Justices M.M. Sundresh and Rajesh Bindal granted bail taking into consideration the facts and circumstances, and the period of incarceration undergone. The order states: "Taking into consideration the facts and circumstances of the case which include the period of incarceration undergone by the appellants, and that the chargesheet has already been filed, we are inclined to set aside the impugned order and grant bail to the appellants."

Liberty has been granted to the State to seek cancellation of bail in case of violation of any of the conditions imposed upon the appellants. 

As per the facts, FIRs were lodged against Mohammad Azam Khan, Mohammad Abdullah Azam, Azhar Khan, Sultan Mohammad Khan, Anwar Hussain, Salim and Talib. It is alleged that the previous S.P. Government had purchased machines for cleaning, from government money, but the said machines were being used by Mohammad Azam Khan, the then Chancellor of the Jauhar University and Mohammad Abdullah Azam in conspiracy with Azhar Khan, the previous Chairman of Nagar Palika, Rampur in the Jauhar University.

During the regime of the new Government, the machines were being searched, wherein on the instructions of Mohammad Azam Khan, the Chancellor, Sultan Mohammad Khan, the Deputy Chancellor, Abdullah Azam Khan with Anwar Hussain, Salim and Talib, the canteen incharge of the University and others managed to conceal the machine and the machine was cut and buried.

Therefore, FIRs were lodged under Sections 409, 411, 201, 120B of the Indian Penal Code and Sections 2 and 3 Damages to Public Property Act against Azam Khan and Abdullah Azam Khan and against Azhar Khan (in connected matter) under Sections 409, 120B I.P.C. and Sections 2/3 Public Property (Prevention of Damages) Act.

On the report being lodged, the investigation took place and a recovery was made on September 19, 2022, in presence of accused Anwar Hussain, wherein in the bushes, in the University campus, a machine was taken out. At the time of recovery, Sri Alam, an employee of the University, Nazim, a security guard and Raju Singh were present. The parts of the recovered machines were heavy and thus they were transported with the help of a machine, a recovery memo was drawn regarding the said recovery.

The matter was investigated and a charge sheet dated November 15, 2022, was submitted against Mohammad Azam Khan, Mohammad Abdullah Azam for offences under Sections 409, 120-B, 411, 201 IPC and Sections 2/3 of the Damages to Public Property Act, 1984 and against Anwar Hussain, Salim and Talib for offences under Sections 120B, 411, 201 IPC and Sections 2/3 of the Damages to Public Property Act, 1984.

In so far as Sultan Mohammad Khan is concerned, he was exonerated in the matter and his name surfaced in column 12 of the chargesheet in the persons not chargesheeted. The court concerned vide its order dated November 16, 2022 took cognizance upon the charge sheet.

The High Court while denying them the bail stated: "All the three applicants have criminal histories, which are large in number. Accused applicants Mohammad Azam Khan and Mohammad Abdullah Azam Khan have even been convicted in some cases by the concerned trial courts. The matter is such in which their release at this moment may have an adverse affect in the trial since the witnesses of recovery are officials and workers of the University and even they may tamper with evidence. The bail applications, as such, are rejected at this stage."

Case Details: MOHAMMAD AZAM KHAN AND ANR. v. STATE OF UTTAR PRADESH., SLP(Crl) No. 17240/2024 & connected matters.

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