PESHAWAR, Jan 10: The Peshawar High Court on Friday disposed of a pre-arrest bail petition of the brother of a Pakistan Muslim League (N) MPA, Malik Imran, in a murder case.

The single bench comprising Justice Ijaz Afzal directed the petitioner, Noor Saleem, to approach the concerned district and sessions judge Lakki Marwat within 15 days. The court directed the police not to arrest him till his case was decided by the sessions judge.

The MPA, Malik Imran, was also arrested in the case and was granted bail by the high court in September last.

The murder had occurred on Aug 28, 2002, in the jurisdiction of police station Paizzo, Lakki Marwat.

The complainant in the case was Haji Said Rasool, who stated in the FIR that he along with two of his relatives, Shahabuddin and Noor Aslam, were busy in their field when two accused, Rafiullahand Saifur Rehman started firing at them.

He stated that the two attackers rushed towards the residence of Malik Imran and thereafter firing started from that direction, which resulted in the death of Noor Aslam. Later on, in his supplementary statement, the complainant charged Malik Imran and his brother of being involved in the occurrence, stating that they were seen by two persons fleeing the scene of occurrence in a vehicle.

The investigation officer after conducting theinquiry declared Malik Imran innocent and placed his name in column 2 of the case-file.

The present petitioner, Noor Saleem, had earlier applied for pre-arrest bail before the district and sessions judge, Wilayat Ali Shah. However, his counsel, Qazi Mohammad Anwer,contended before the high court that the sessions judge did not pronounce any order on that application due to which they had to move the high court.

The court observed that the said sessions judge had already been transferred from Lakki Marwat and now they could again apply for pre-arrest bail there.