09 October 2004	Saturday	23 Shaban 1425

PESHAWAR, Oct 8: The Peshawar High Court on Friday granted bail to three police officials including an SHO accused of killing a student in a fake police encounter.

A single bench comprising Justice Shahjehan Khan directed that the three accused - SHO Abdul malik Khan, an ASI Zar Wali and constable Khaista Gul - should be released after furnishing two sureties of Rs100,000 each.

Their bail applications were dismissed earlier by an additional district and sessions judge, Ahmad Sultan Tareen, on Aug 28. The boy was killed on May 15, 2002, at Banamari area.

The petitioners counsel contended that compromise had taken place between the legal heirs of the deceased boy, Kashmir Khan. The counsel contended that under the Qisas and Diyat sections of the Pakistan Penal Code murder was a compoundable offence and accused should be acquitted after the compromise.

The FIR against the three officers and two other constables namely Shehanshah and Zahir Shah was registered at Banamari police station on the order of the Peshawar High Court.

The court on May 11 had accepted a writ petition filed by Misal Khan, father of the deceased boy Kashmir Khan who was a student of class IX. The accused were booked under section 302 of Pakistan Penal Code.

The five officials were serving at the concerned police station Banamari at the time of the occurrence. The complainant had stated that the police had killed his son and had given it an impression of an encounter. Moreover, the police claimed that the deceased was a known anti-social element Qaseem Wardak, but their claim proved wrong later on.

Two days after the occurrence, father of the deceased spoke at a press conference in which he disclosed that the killed person was not Qasim Wardak but Kashmir Khan.

A judicial inquiry was conducted by the then district and sessions judge, Ziauddin Khattak, which proved that the killing of the boy was extra-judicial.

The five officials were arrested on July 28 after rejection of their pre-arrest bail applications. Later on, bail was granted to the two constables whereas the present three officers were denied bail.