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Petitioner: MUHAMMAD NAZIR VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: MUHAMMAD NAZIR vs THE STATE Case No.: Criminal Miscellaneous No, 61/B of 1983 Date of Judgment:1983-01-18 Reported As: 1989 P Cr. L J 338 Result: Bail application rejected
Judgment ORDER ' This is an application for bail on behalf of Muhammad Nazir petitioner in a case under section 302/307/148/149, P.P.C. Registered at P.S. Mitru, vide F.I.R. No, 181, dated 23-7-1982. 2. The prosecution case is that the petitioner with others in furtherance of their common object launched the murderous assault upon Ajayab Khan, Muhammad Anar and Khan Muhammad and thereby caused the death of Ajayab Khan and injuries to Muhammad Anar and others. As far as the petitioner, it has been alleged that he was armed with a Sota and thereby caused injury on the leg of Ajayab deceased. 3. The learned counsel for the petitioner submits that the petitioner was seriously injured by the complainant party about 4 days prior to the occurrence and as such he was not capable of taking part in the occurrence. Furthermore, he being a lame person is an infirm person within the meanings of section 497, Cr.P.C. 4. After hearing the learned counsel for the petitioner, I find that according to the prosecution case, the petitioner had a motive against the deceased and others. He was armed with a Sota and thereby caused injury on the person of the deceased. There is nothing on the record to show that due to the injuries which he has suffered 4 days before the occurrence, he could not participate in the occurrence or that he is an infirm person within the meanings of section 497, Cr.P.C. 5. For what has been stated above, it is not a fit case for the grant of bail. The application is, therefore, dismissed in limine. .