The Lucknow Bench of the Allahabad High Court on Friday rejected the anticipatory bail plea of Samajwadi Party MP Mohd Azam Khan in reference to appointment of 1,300 engineers, clerks and stenographers at Uttar Pradesh Jal Nigam throughout the earlier regime.
The recruitment was carried out when Azam Khan was the Urban Development Minister.
Azam Khan is at the moment present process remedy at a non-public hospital in Lucknow after he examined constructive for coronavirus.
Passing the order, Justice Rajeev Singh stated Azam Khan is already in judicial custody within the case as he was served a warrant on November 19 final 12 months within the Sitapur jail and as such the anticipatory bail plea was not maintainable.
The bail plea was moved by Azam Khan’s attorneys Kapil Sibal and IB Singh.
Additional Government Advocate Santosh Kumar Mishra opposed the bail plea, arguing that the court docket involved had despatched a warrant to Azam Khan within the Sitapur jail and it was served on him the subsequent day.
So, he’s already deemed to be in judicial custody within the case, therefore, his anticipatory bail plea will not be maintainable, the lawyer stated.
At this, Azam Khan’s attorneys submitted that if he’s deemed to be in judicial custody, he have to be entitled to default bail as a result of the cost sheet within the case was filed on May 25 this 12 months, after 90-day interval from November 19.
The court docket stated Azam Khan might transfer the suitable court docket for default bail and that the identical can’t be thought of by the High Court at this stage.
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