The Allahabad High Court has granted bail to former Uttar Pradesh minister Mohd. Azam Khan and his son Mohd. Abdullah Azam Khan in a case involving alleged forged documents used in connection with an Assembly election nomination. However, the Court refused to suspend their convictions, citing their criminal antecedents and previous convictions.
Justice Samit Gopal passed the order on October 29, 2026, while deciding applications seeking suspension of sentence and suspension of conviction in two connected criminal revisions.
Background
The case originated from an FIR registered on December 6, 2019, following a complaint alleging irregularities in documents submitted by Abdullah Azam Khan during his nomination for the 2017 Uttar Pradesh Assembly election from the Swar constituency in Rampur.
According to the prosecution, Abdullah's educational records showed his date of birth as January 1, 1993. It was alleged that a different PAN card showing September 30, 1990, as his date of birth was used in connection with his nomination documents, with Azam Khan allegedly involved in the matter.
The trial court convicted both men on November 17, 2025, under Sections 120B, 420, 467, 468 and 471 of the Indian Penal Code, relating to criminal conspiracy, cheating and forgery-related offences. The appellate court subsequently enhanced several sentences, awarding Azam Khan a maximum of 10 years' rigorous imprisonment and Abdullah Azam Khan seven years' rigorous imprisonment.
The defence sought suspension of the sentences and convictions, arguing that the revisions had a reasonable prospect of success. Counsel also raised a plea of double jeopardy, contending that Abdullah Azam Khan's acquittal in another case involving the alleged use of the document should be considered.
The State and the complainant opposed the applications, maintaining that the prosecution evidence supported the convictions. They also argued that the request to suspend the convictions could not be allowed merely because the applicants faced disqualification from contesting elections.
The High Court considered the period of detention already undergone by both applicants and the fixed-term nature of their sentences while examining the request for bail.
The judgment records the Court's assessment:
"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."
On suspension of conviction, the Court examined their criminal antecedents, earlier convictions and pending cases. It noted that the consequences of conviction for electoral eligibility did not, by themselves, justify suspending a conviction.
The Court concluded:
"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."
The Court allowed both applications for suspension of sentence and granted bail to Azam Khan and Abdullah Azam Khan, subject to furnishing personal bonds and two sureties each to the satisfaction of the court concerned. It also directed them to deposit half of the fines imposed by the appellate court.
However, their applications for suspension of conviction were dismissed. The Court admitted both criminal revisions, expedited the proceedings and directed that the matters be listed for final hearing in the third week of January 2027.
Case Details
Case Title: Mohd. Azam Khan & Mohd. Abdullah Azam Khan v. State of Uttar Pradesh and Others
Case Number: Criminal Revision Nos. 3893 of 2026 and 3685 of 2026
Judge: Justice Samit Gopal
Decision Date: October 29, 2026
