Supreme Court grants interim bail to Samajwadi Party's Azam Khan, invokes special power under Article 142

A Supreme Court bench of Justices LN Rao, BR Gavai and AS Bopanna hearing a writ petition said that the interim bail granted to Azam Khan will continue till his regular bail plea is decided

FP Staff May 19, 2022 13:09:08 IST
Supreme Court grants interim bail to Samajwadi Party's Azam Khan, invokes special power under Article 142

File image of Azam Khan. ANI

Samajwadi Party leader Azam Khan has been granted interim bail by the Supreme Court on Thursday in a cheating case. The court invoked its special power under Article 142 of the Constitution to grant relief to him in view of the peculiar facts of the case.

"This is a fit case to exercise the powers under Article 142...", Justice Gavai read out the operative portion of the order.

A bench of Justices LN Rao, BR Gavai and AS Bopanna hearing a writ petition said that the interim bail granted to Azam Khan will continue till his regular bail plea is decided, paving the path for his release.

The apex court has asked Azam Khan to file an application for regular bail before the competent court within two weeks. It further said that if the court's decision is against granting the regular bail to him, the interim bail will operate for another two weeks.

Azam Khan, a Samajwadi strongman, is lodged in Sitapur jail since 2020 in connection with a number of cases, including that of land grabbing, against him in Rampur.

On 17 May, the apex court reserved order on the interim bail plea of Khan in case pertaining to the Kotwali police station in Uttar Pradesh.

Last week, the Allahabad High Court granted interim bail to Azam Khan in a case related to wrongful possession of the land.

The apex court had previously expressed displeasure over the delay in deciding the bail application of Azam Khan in the land grab case, saying "this is a travesty of justice".

On 6 May, the SC had verbally given an ultimatum to the Allahabad High Court to pass orders. Subsequently, the High Court granted bail to Khan, but he was not released. Now, his judicial custody has been obtained till 19 May, in connection to another case.

The Supreme Court had expressed concern about 'the coincidence' that as and when Khan is enlarged in one case, a new FIR is registered against him.

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