Telangana High Court Grants 1-Week Anticipatory Bail To Congress Leader Pawan Khera, Permits Him To Move Before Concerned Court
The Telangana High Court on Friday (April 10) granted anticipatory bail for one week to Congress leader Pawan Khera in connection with an FIR filed by Assam CM Himanta Biswa Sarma's wife Riniki Bhuyan Sharma, amid allegations related to her holding multiple passports.Justice K Sujana while pronouncing the order said, "The petitioner is granted time time for one week to file an application...
The Telangana High Court on Friday (April 10) granted anticipatory bail for one week to Congress leader Pawan Khera in connection with an FIR filed by Assam CM Himanta Biswa Sarma's wife Riniki Bhuyan Sharma, amid allegations related to her holding multiple passports.
Justice K Sujana while pronouncing the order said, "The petitioner is granted time time for one week to file an application before the concerned court...relief to petitioner for one week with conditions".
The court in its order noted, that the petitioner had specifically pleaded and placed material on record to demonstrate his presence in Hyderabad, including documents evidencing that his wife is a resident of Hyderabad and had contested in the Telangana Legislative Assembly elections. The court further said that it was also not disputed that the petitioner apprehends imminent arrest, especially in the light of search and seizure operations already conducted at his residence with the assistance of local police.
The court said that the contention by Advocate General, Assam that the petitioner can directly approach the Courts in Assam "cannot be a ground to deny limited protection, particularly when there exist a reasonable apprehension of arrest".
"The concept of transit anticipatory bail is precisely evolved to address such situations where immediate protection is required to enable the accused to avail appropriate remedies before the competent jurisdictional court. This Court observes that a perusal of the offences alleged against the petitioner under sections 175, 3(5), 3(6), 318, 336(4), 337, 338, 340, 341(1), 351(1), 352, 353, 356, 61(2) of Bharatiya Nyaya Sanhita, 2023 would indicate that, except for the offence under Section 338 BNS, all other offences invoked are punishable with imprisonment of less than seven years. Without expressing any opinion on the merits of the case, this Court is of the view that the petitioner has made out a case for grant of limited transit anticipatory bail, as his apprehension of arrest appears to be reasonable and supported by material on record," the court said.
The court thus granted transit anticipatory bail to Khera and said that in case he is arrested he will be released on bail on personal bond for Rs.1,00,000, with two sureties for the like sum each to the satisfaction of the Investigating officer, Guwahati Crime Branch Police Station. The court also imposed further conditions on the petitioner while granting relief.
"In the result, the Criminal Petition is allowed. The petitioner is granted transit anticipatory bail in the event of arrest in connection with Crime No.04 of 2026 on the file of Guwahati Crime Branch Police Station for a period of one (01) week from the date of this order, subject to the conditions stipulated above. It is made clear that this order is only for the purpose of enabling the petitioner to approach the competent Court having jurisdiction, and the said Court shall consider any application for regular/anticipatory bail on its own merits," the court said.
The anticipatory bail petition has been filed in Hyderabad, where Khera has a residence.
During the hearing on Thursday, Advocate General of Assam Devajit Saikia, appearing for the Assam Police, had challenged the maintainability of the anticipatory bail plea in Hyderabad. He submitted that Khera, a resident of Delhi, had not shown any reason as to why he cannot come to Assam and file for anticipatory bail there. "There is no medical emergency...He can file anticipatory bail in Assam from any part of the country," AG said.
The AG further argued that Khera is an "established flight risk" since, "when police went to him, he fled away...He could have gone to Delhi because that is his place of residence. Instead he is in Hyderabad...Tomorrow if police reaches there, he will fly to Chennai..."
On the other hand, Senior Advocate Abhishek Manu Singhvi appearing for Khera had argued that the criminal action is motivated and reeks of political vendetta.
For context, the FIR has been registered under Sections 175(false statement in connection with an election), 35, 36, 318 (Cheating), 338, (forgery of valuable will, security etc.), 337(Forgery of record of Court or of public register, etc.), 340(Forged document or electronic record and using it as genuine), 352(Intentional insult with intent to provoke breach of peace), 356(Defamation) of BNS at Guwahati Crime Branch Police Station.
On Tuesday, Assam police had reached Hyderabad, Telangana looking for Khera. The Congress leader has claimed that Assam CM's wife Riniki Bhuyan Sarma holds three passports. Khera is the Chairman, Media & Publicity Department of the Congress party and is also a member of the Congress Working Committee.
As per reports, Assam Police had also visited Khera's residence in Delhi and conducted a search.
Case title: Pawan Khera v/s The State of Telangana
CRLP 5285/2026