A Muslim businessman convicted of electricity theft got Bombay High Court’s approval to travel for Haj 2025, as the court ruled his religious duty must be respected.
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MAHARASHTRA: The Bombay High Court’s Aurangabad Bench has allowed a Muslim man, convicted of electricity theft, to travel to Saudi Arabia for the Haj pilgrimage after accepting that
“it is compulsory in his religion.”
A single judge bench led by Justice Abhay S. Waghwase approved the petition, observing that the appeal has been pending since 2016. The court ruled that the petitioner can undertake the pilgrimage between April and September 2025, with certain conditions.
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The petitioner, Rahim Khan Sandu Khan, a 43-year-old businessman from Aurangabad, was convicted in October 2016 by the Additional Sessions Judge under Section 135 of the Indian Electricity Act for stealing electricity in a case filed in 2007. He was sentenced to two years in prison but later granted bail by the High Court after challenging his conviction. Since then, the appeal has remained pending.
Rahim Khan filed an application in the Bombay High Court, requesting permission to travel abroad for Haj, stressing that performing Haj is a religious duty. His lawyer, Advocate Joydeep Chatterji, argued that since the appeal is unlikely to be heard soon, he should be allowed to complete his religious obligation.
He also highlighted that Khan’s family members, including his wife, brother, and sister-in-law, had already been allotted Haj slots by the Haj Committee.
The State of Maharashtra, represented by Additional Public Prosecutor S.S. Dande, and the Union of India, represented by Standing Counsel Sudha Chintamani, did not oppose the request. They stated that the court could pass any suitable orders.
After reviewing the arguments, the Bombay High Court ruled in favor of the petitioner, stating:
“As appeal 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.”
Thus, the court permitted Rahim Khan to travel abroad between April and September 2025 for Haj pilgrimage. However, some conditions were imposed to ensure compliance.
Before departing, he must:
- Submit an undertaking confirming that he will not misuse the permission.
- Provide full travel details, including itinerary, flight tickets, airline, and accommodation in Saudi Arabia.
- Disclose the details of properties he owns to the police and court.
This decision ensures that Rahim Khan can fulfill his religious duty while maintaining transparency with the authorities.
Case Title:
Rahim Khan Sandu Khan vs. State of Maharashtra & Anr.
[Criminal Application No. 365 of 2025 in Criminal Appeal No. 643 of 2016]
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