Azam Khan Has 92 Criminal Cases, Abdullah 46: Allahabad HC Refuses to Suspend Their Convictions In Dual PAN Card Case

The Allahabad High Court has granted bail to former Uttar Pradesh minister and Samajwadi Party leader Mohd Azam Khan and his son Abdullah Azam Khan in a case involving allegations of forging documents to conceal Abdullah's age and secure his nomination for the 2017 Uttar Pradesh Assembly elections, while refusing to stay their convictions in the case.

A single-judge bench of Justice Samit Gopal observed that there was no justifiable reason to suspend their convictions, particularly in view of the number of criminal cases pending against them and their previous convictions.

Court also referred to the wider public interest involved in keeping persons with criminal antecedents away from electoral politics.

"Substantial efforts have to be undertaken to cleanse the polluted stream of politics by prohibiting people with criminal antecedents so that they do not even conceive of the idea of entering into politics. They should be kept at bay," court observed.

Court was hearing separate criminal revisions filed by the father-son duo challenging their conviction and enhanced sentences in the forgery case. While allowing their applications for suspension of sentence, it directed their release on bail upon furnishing personal bonds and two sureties each. They were also directed to deposit half of the fine imposed by the appellate court forthwith.

Court noted that Azam Khan had undergone 4 years, 1 month and 9 days of imprisonment, including remission, while Abdullah Azam Khan had undergone 3 years, 6 months and 13 days.

Considering the nature of the occurrence, the period already spent in custody and the fact that the case involved fixed-term sentences, court held that it was a fit case to grant them bail.

However, the relief was confined to suspension of sentence and did not extend to their convictions.

Court recorded that Azam Khan was involved in 92 criminal cases and had previously been convicted in eight matters. Of these, two convictions were by courts of sessions and six by magistrate courts. His appeals against two magistrate court convictions had also been dismissed. As many as 81 cases were pending against him before different courts.

Similarly, Abdullah Azam Khan was involved in 46 criminal cases. He had been convicted in four matters by magistrate courts, with his appeals against two of those convictions dismissed. Another 44 cases were pending against him.

"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," Justice Gopal held.

Court emphasised that suspension of conviction is an exceptional relief and cannot be granted merely because a person faces disqualification under the Representation of the People Act, 1951.

The father-son duo had argued that their convictions would disqualify them from contesting the forthcoming Uttar Pradesh Assembly elections, causing irreparable prejudice to their political future.

Rejecting this argument, court reiterated that suspension of conviction must be exercised only in rare and exceptional cases.

What is the forgery case?

The case originated from an FIR lodged on December 6, 2019, by Akash Saxena.

According to the prosecution's allegations, Abdullah Azam Khan had a PAN card reflecting his date of birth as January 1, 1993, consistent with his educational records. However, another PAN card allegedly reflecting his date of birth as September 30, 1990, was subsequently obtained and used in his nomination papers for the 2017 Assembly elections from the Swar constituency.

The complainant alleged that the second PAN card and related documents were fabricated in a conspiracy with his father, Azam Khan, to overcome the minimum age requirement for contesting the election.

The father-son duo was convicted by the Special Judge (MP/MLA), Rampur, on November 17, 2025, for offences under Sections 120B, 420, 467, 468 and 471 of the Indian Penal Code [corresponding to Sections 61(2), 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023].

The trial court awarded Azam Khan seven years' imprisonment under Section 467 IPC, while Abdullah Azam Khan was also sentenced to seven years under the same provision.

Subsequently, the appellate court enhanced Azam Khan's maximum sentence to 10 years of rigorous imprisonment and Abdullah Azam Khan's maximum sentence to seven years of rigorous imprisonment. Their sentences were ordered to run concurrently.

The high court has directed that the matters be listed for final hearing in the third week of January 2027.

Case Title: Mohd. Azam Khan & Anr. v. State of U.P. & Ors.

Order Date: October 29, 2026

Bench: Justice Samit Gopal