Bombay High Court Permits Man Convicted Of Electricity Theft To Travel For Haj Pilgrimage

The Bombay High Court recently permitted a man convicted for 'electricity theft' to go on Haj Pilgrimage along with his family after noting that his appeal challenging his conviction will not be taken up in the near future. 

Justice Abhay Waghwase permitted forty-three-year-old Rahim Khan Sandu Khan, who was convicted by a sessions court in October 2016 under section 135 of the Indian Electricity Act, which deals with theft of electricity, to travel abroad for going to Haj. The judge has permitted Khan to travel for attending the 'pious' religious pilgrimage - Haj, from April 2025 to September 2025.

"As the criminal appeal (against conviction) is of the year 2016, and there is no immediate chance of appeal being taken for hearing, for religious purpose, application deserves to be allowed. Applicant is allowed to travel abroad from April 2025 to September 2025," the judge said in the order passed on February 25. 

While imposing conditions, as mandated under the law, Justice Waghwase made it clear, "Applicant shall furnish his undertaking of not misusing the liberty and shall supply details and itinerary of his journey, tickets and its dates, details of airlines, details of accommodation at Saudi Arabia, and also furnish details of the properties owned by him to the concerned police station and this Court, prior to his proposed pilgrimage."

Notably, Khan, a businessman, was booked under charges of electricity theft in 2007 and was convicted by a sessions court in October 2016. He was also sentenced to two years in prison. He however, assailed his conviction before the High Court in 2016 itself.

The High Court had on October 25, 2016 granted bail to Khan and even suspended his sentence pending the final disposal of his criminal appeal challenging the lower court's verdict convicting and sentencing him. 

By way of instant application in the pending appeal, Khan urged the court to permit him to travel abroad for attending the 'pious' Haj pilgrimage from April 2025 to September 2025. 

In his application, Khan highlighted the fact that there are no prospects of his appeal being taken up for final hearing, anytime soon. He further submitted that he intends to go for Haj Pilgrimage and that it is compulsory in his religion.

Taking note of the submissions, the judge permitted him to travel. 

Appearance:

Advocate Joydeep Chatterji appeared for Applicant.

Additional Public Prosecutor SS Dande represented the State.

Advocate Sudha Chintamani, the Standing Counsel for Union of India represented Passport Authority. 

Case Title: Rahim Khan Sandu Khan vs State of Maharashtra (Criminal Application 365 of 2025)

Citation: 2025 LiveLaw (Bom) 90

Click Here To Read/Download The Order