The Supreme Court on Thursday granted interim bail to Samajwadi Party leader Azam Khan, saying it is a fit case to invoke its extraordinary power under Article 142 of the Constitution as facts in the present case are very peculiar.
Khan is currently lodged in Sitapur jail in connection with several cases, including that of land grabbing, against him in Rampur. The Uttar Pradesh Government had earlier opposed Khan’s bail plea and termed him as a “land grabber” and a “habitual offender”.
“The petitioner is directed to be released on interim bail in respect of FIR being Case Crime No 70 of 2020, registered with Police Station Kotwali, Rampur, Uttar Pradesh for the offences punishable under Sections 420 and 120B (criminal conspiracy) of the Indian Penal Code on such terms and conditions as found appropriate by the trial court,” a bench headed by Justice L Nageswara Rao said.
The top court said though FIR, in this case, was registered on March 18, 2020, and the charge sheet was filed on September 10, 2020, Khan has only now been implicated, i.e, after a period of one year and seven months, by order dated May 6, 2022, passed by the Additional Chief Judicial Magistrate, Rampur.
“Taking into consideration the delay in the implication of the petitioner in FIR No 70 of 2020 and the nature of the allegations made therein, we are of the considered view that it will not be in the interest of justice to deprive the petitioner of his personal liberty, particularly when in respect of 87 criminal cases/FIRs, which were the subject matter of Writ Petition (Criminal) No. 39 of 2022, he has already been released on bail,” the bench also comprising Justices B R Gavai and A S Bopanna, said.
Senior advocate Kapil Sibal, appearing for Khan, had submitted that from the facts, it is clear that the ruling party BJP is making every attempt possible to keep Khan behind the bars by implicating him in one FIR after the other.
