Supreme Court Issues Notice In Bail Plea Of Azam Khan & Son In Stolen Machine Case

The Supreme Court yesterday (December 16) issued notices in Special Leave Petitions filed by Samajwadi Party leader Mohammad Azam Khan, 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 challenging January 29 order of the Allahabad High Court refusing to grant them bail in a stolen machinery case.

A bench of Justices M.M. Sundresh and Aravind Kumar issued notice to the State Government and sought its reply. Senior Advocate Kapil Sibal appeared for them.

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 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, a report be lodged and action be taken.

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. Insofar 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 & AZHAR KHAN v. STATE OF UTTAR PRADESH.,SLP(Crl) No. 17426/2024