Allahabad HC grants relief to Azam Khan, Abdullah Khan in dual PAN card case, suspends sentence

Now, 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 conviction and sentence awarded by subordinate courts in the two PAN cards case. According to the prosecution, the case is related to the alleged procurement and use of a second PAN card that carried a different date of birth. The allegations also included the purported use of the second PAN card in documents of nomination filed for the election. Senior counsel appearing for 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 sentence and grant of bail pending disposal of the case. The High Court accepted the plea for suspension of sentence and granted bail, but refused to stay the conviction. This distinction is legally significant, as the conviction order remains in force even though the sentence has been put on hold. The final adjudication on the revision petitions will take place separately. Legal experts say that suspension of sentence allows a convicted person to remain out on bail while an appeal or revision is pending, whereas a stay on conviction would temporarily set aside the consequences arising from the conviction itself.

In this case, the court has not granted such relief. Based on the order, the conviction continues to stand until the revision petitions are finally decided. Despite securing bail in the dual PAN card case, Azam Khan and Abdullah Azam may still have to address legal proceedings in other pending matters before any release can be effected. Azam Khan and Abdullah Khan are already lodged in jail in connection with various cases.