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Supreme Court unhappy with Allahabad High Court for keeping Azam Khan’s bail plea pending; hearing on 11 May

Legally SpeakingSupreme Court unhappy with Allahabad High Court for keeping Azam Khan’s bail plea pending; hearing on 11 May

The Supreme Court in the case Mohammad Azam Khan v. State of U.P observed in the application filed by MLA Samajwadi Party Mohammad Azam Khan, seeking bail and further the court adjourned it to May 11.
Senior Advocate, Mr. Kapil Sibal appearing on behalf of Khan apprised the Bench that the High Court was reluctant to take up the bail application for hearing, he approached the Supreme Court seeking ad-interim ex-parte bail to participate in the Uttar Pradesh Legislative Assembly Elections’ campaign as Samajwadi Party’s candidate from Rampur. though the Bench refused to enlarge him on bail, vide order dated 08.02.2022, it asked the Khan to approach the Allahabad High Court. As his bail application was pending before the Allahabad High Court.
to consider the concerns of the petitioner and dispose of the matter expeditiously, the bench asked the High Court.
Thereafter the Court noticed he Court shall take into account the concern of the petitioner and dispose of the matter expeditiously needless to say The petitioner is at liberty to approach the concerned High Court and ask for expedited disposal of the application.
A Special MP/MLA Court had rejected his bail plea on 27.01.2022, observing that certain facts published by him had the potential to incite the public or members of a community to disrupt peace and harmony but there are three cases involving charges of corruption, cheating, forgery, criminal breach of public trust, criminal conspiracy, criminal defamation, tampering of evidence and creating or promoting enmity, hatred or ill-will between classes in which bail is sought, as Khan alleged that the BJP-led Government of Uttar Pradesh has ‘adopted all means available’ to stall the proceedings and has secured bail in most of the cases Khan, has been lodged in the Sitapur Jail since 26.02.2020. the charges imposed on him in several cases.
As the Court is waiting for the High Court to pass an order and cannot pass an order at this stage, let the High Court pass the order. The Court is holding on this and if the Court hold on this at least they will pass an order. The Court stated:
The bench has reserved the judgement.
Justice Rao stated in disposing of the bail plea by the High Court:
No order has been passed. He was released on bail in 86 cases. This is one case. This is a travesty of justice. We can only say this much now. If required we will say more. The Judgment cannot be reserved now that we will tell you. He further stated that let us give them a chance for 2 days. Let this come on Wednesday.
Justice Rao further noted that the Bench is holding onto the present application to see to it that the High Court passes order in Khan’s bail plea the one which has been pending before it for a considerable period of time.
The order which was reserved on 05.05.2022. The Apex Court to give time to the High Court to pass the order in Khan’s bail plea and asked the Registry to list the matter on Wednesday.
The Bench comprising of Justice L. Nageswara Rao and the justice B.R. Gavai noted in Khan’s application for bail that the Allahabad High Court has already reserved its order.
The Allahabad High Court reserved order on the bail plea of Khan as on 5th May, 2022.
The Court shall take into the account the concerns of the petitioner and dispose of the matter expeditiously.

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