Madhya Pradesh High Court
Wakeel Miyan Beldar Mewati vs The State Of Madhya Pradesh on 14 May, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-7852-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7852 of 2023
(WAKEEL MIYAN BELDAR MEWATI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 14-05-2025
Shri Vijay Kumar Pandey - Advocate for the appellants.
Shri Nitin Gupta - Government Advocate for the respondent-State.
Learned counsel for the appellant, after arguing for some time and
unable to convince this Court, prays for withdrawal of I.A. No.1006/2025, an
application for suspension of sentence and grant of bail to the appellant-
Wakeel Miyan Beldar Mewati.
Accordingly, I.A. No.1006/2025 is dismissed as withdrawn.
Also heard on I.A. No.1007/2025, which is second application under
Section 430 of the Bhartiya Nagrik Suraksha Sanhita/ Section 389 (1) of the
Code of Criminal Procedure for suspension of sentence and grant of bail to
appellant-Habib Khan @ Lalu Beldar Mewati.
This appeal is filed by the appellant being aggrieved of the judgment
dated 18.05.2023 passed by learned Special Judge, the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Special Case
No.33/2020 whereby the appellant has been convicted in the following
manners:-
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
Additional R.I
302/34 I.P.C. R.I. for Life Rs.2,000/-
for one month
R.I. for six
323/34 I.P.C. - -
2 CRA-7852-2023
months
SC/ST (POA) R.I. for six Additional R.I
3(2)(va) Rs.500/-
Act months for one month
SC/ST (POA) Additional R.I
3(2)(V) R.I. for Life Rs.2,000/-
Act for one month
It is submitted that the injuries proved by Dr. A. K. Mathur (PW-13)
appear to have been caused by the same weapon attributed to Wakeel Miyan
Beldar Mewati and there are omnibus and general allegations against the
present appellant-Habib Khan @ Lalu Beldar Mewati. Wakeel Miyan is the
main accused. There are good chances of success in appeal. Hence, prayer is
made to suspend execution of remaining part of the jail sentence of the
appellant-Habib Khan @ Lalu Beldar Mewati and to release him on bail.
Shri Nitin Gupta, learned Government Advocate for the State opposes
the prayer for suspension of sentence and grant of bail to the appellant.
After hearing learned counsel for the parties and going through the
record so also the fact that the appeal is going to take time for its disposal,
without commenting on the merits of the case, we are of the considered
opinion that this is a fit case to suspend the remaining jail sentence of the
appellant-Habib Khan @ Lalu Beldar Mewati and to release him on bail. I.A.
No.1007/2025 is accordingly allowed.
It is directed that on depositing the fine amount, if not already deposited
and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty
Thousand Only) with two solvent sureties in the like amount to the
satisfaction of the trial Court for his appearance before the trial Court on
20.08.2025 and such other dates as may be fixed by the trial Court, the
3 CRA-7852-2023
execution of remaining part of the jail sentence imposed upon the appellant
shall remain suspended and he shall be released on bail till final disposal of
this appeal.
I.A. No.1007/2025 is allowed & disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (DEVNARAYAN MISHRA)
JUDGE JUDGE
HK
