KARACHI, Jan 23: Five policemen, including a DSP, managed to escape following the dismissal of their pre-arrest bail applications by a district and sessions court in a custodial killing case on Monday.

The five policemen — DSP Hafeez Junejo, Inspector Hadi Bux, Sub-Inspector Malik Mohammad Ashraf and Assistant Sub-Inspectors Aftab Ahmed and Chaudhry Javed Akthar — have been booked for their alleged involvement in the killing of a suspect, Krishan Chand, who was found dead in the Sharea Faisal police station’s lock-up on Nov 4, 2008.

Earlier, the Sindh High Court had granted interim pre-arrest bail to the police officials. Later, the matter was referred to the district and sessions judge (east) with a direction to decide it.

On a previous hearing, the court heard arguments from both sides on the bail pleas and reserved the matter for confirmation or otherwise for Jan 23.

District and Sessions Judge (east) Sadiq Hussain Bhatti dismissed the pre-arrest bail applications of the suspects on Monday.

As soon as the court pronounced its order, the suspects managed to escape from the courtroom without facing any resistance as the investigation officer of the case apparently made no effort to arrest them.

A murder case (FIR 915/2008) was registered against the police officials under Sections 302 (premeditated murder) and 34 (common intention) of the Pakistan Penal Code (PPC) on a court order. However, the IO filed the first charge-sheet by deleting Section 302 and placing Section 337-K (causing hurt to extort confession, or to compel restoration of property) of the PPC against the accused. Furthermore, a judicial magistrate had exonerated all the policemen in the case by declaring the police report filed against them in class ‘C’ (cancel) on the recommendations of the then district public prosecutor (east) in March 2009. But, the Supreme Court took notice of the case and directed the IO to reinvestigate the matter and submit a charge-sheet and also suspended the judicial magistrate and the district attorney concerned.

The IO again filed a charge-sheet against the policemen under Sections 337-K and 316 (punishment for qatl shibh-i-amd) of the PPC on Aug 29, 2009 and placed all the suspects in the column of absconding accused.

However, this time a district attorney recommended that Section 302 of the PPC might be inserted in place of Section 316 in the charge-sheet by observing that there was sufficient evidence to prosecute them on a charge of murder. Thus the sections were replaced.