23 December 2004	Thursday	10 Ziqa'ad 1425

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KARACHI, Dec 22: The Sindh High Court on Wednesday allowed People's Party Parliamentarians leader Asif Ali Zardari interim bail with a surety of Rs300,000 in the 1996 murder case of Justice Nizam Ahmed and his son.

Admitting his revision application to regular hearing on a date to be fixed by office, a division bench issued a notice to the prosecution and suspended the impugned bail cancellation order of the Karachi Central sessions judge, who is trying the case as a special judge under the Suppression of Terrorist Activities Act.

The suspended order also required forfeiture of the March 1999 bail amount of Rs300,000 and issuance of a non-bailabale warrant for his arrest. The bench, which consisted of Justice Wahid Bux Brohi and Justice Rehmat Hussain Jafri, granted the applicant's plea for 'ad interim' bail pending disposal of his application and asked him to furnish surety in the sum of Rs300,000 to the satisfaction of the SHC nazir.

Arguing for the applicant's case, Barrister Azizullah K. Shaikh submitted that Tuesday's bail cancellation order of the trial court was illegal and improper as intimation of the absence of the accused was given in time and the date was formal.

No substantive proceedings requiring the personal appearance of the accused were scheduled, he said. The applicant's plea for condoning of his absence was rejected and the surety bond was forfeited without notice.

Assisted by Advocates Abu Bakar Zardari, Shahadat Awan and Shaista Shamim, the counsel said a non-bailable warrant was issued instead of a bailable one and it was hurriedly served and executed.

According to Advocate Awan, Mr Zardari furnished the surety and Karachi Central district and sessions judge Nisar Mohammad Shaikh issued his release order on Wednesday afternoon. Mr Shaikh had assumed charge after the transfer of Pir Syed Ali Shah, the judge who passed the impugned order on Tuesday.