The Bombay High Court has allowed a man convicted of electricity theft to undertake the Haj pilgrimage with his family, considering that his appeal against the conviction is unlikely to be heard soon.

Justice Abhay Waghwase permitted 43-year-old Rahim Khan Sandu Khan, who was convicted under Section 135 of the Indian Electricity Act by a sessions court in October 2016, to travel abroad for the pilgrimage. The court granted Khan permission to undertake the religious journey 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."

Khan, a businessman, was booked for electricity theft in 2007 and later convicted by a sessions court in October 2016, receiving a two-year prison sentence. However, he challenged his conviction before the High Court the same year. On October 25, 2016, the High Court granted him bail and suspended his sentence until the final disposal of his criminal appeal.

Through the present application in his pending appeal, Khan requested the court's permission to travel abroad for the Haj pilgrimage from April 2025 to September 2025.  

In his plea, he emphasized that his appeal is unlikely to be heard in the near future. He also stated that undertaking the Haj pilgrimage is a religious obligation for him.

Considering these submissions, the judge granted him permission to travel.

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)