Allahabad HC suspends sentence of Azam Khan, refuses to stay conviction

Lucknow: In a major relief to Samajwadi Party (SP) senior leader Azam Khan and his son Abdullah Azam, the Allahabad High Court on Thursday suspended their sentences in the dual PAN card case and granted them bail.

However, the High Court declined their plea to stay the conviction. Their release from jail will depend on the legal position in other pending cases.

Justice Samit Gopal of the Allahabad High Court passed the order while hearing criminal revision petitions filed by the father and son challenging the convictions and sentences imposed by lower courts in the dual PAN card case.

According to the prosecution, the case concerns the alleged procurement and use of a second PAN card bearing a different date of birth.

The allegations also included the purported use of the second PAN card in nomination documents filed for an election.

Senior counsel representing Azam Khan argued the matter before the High Court. The defence challenged the lower court’s verdict through criminal revision petitions and sought suspension of the sentences and bail pending the disposal of the case.

The High Court allowed the pleas for suspension of sentence and bail but refused to stay the convictions.

This distinction is legally significant: the convictions remain in force even though the sentences have been suspended. The revision petitions will be decided separately.

Suspension of sentence allows a convicted person to be released on bail while an appeal or revision is pending, subject to the court’s order and applicable conditions. A stay on conviction, by contrast, temporarily suspends the legal operation of the conviction itself.

In this case, the court did not grant such relief. The convictions therefore continue to stand until the revision petitions are finally decided or the court orders otherwise.

Despite securing bail in the dual PAN card case, Azam Khan and Abdullah Azam may remain in custody if they are required to do so in connection with other pending cases.

Azam Khan and Abdullah Azam are already lodged in jail in connection with various cases.