HYDERABAD, Sept 24: Justice Mohammad Roshan Essani of the Sindh High Court, Hyderabad circuit bench, here on Wednesday granted protective pre-arrest bail to a former deputy superintendent central jail Hyderabad, Aijaz Hyder, in the custodial killing case of a prisoner, Mehmood Khoso.

Appearing on behalf of the accused, Qurban Ali H.Chohan advocate contended before the court that the case needed further inquiry as there was inconsistency between the findings of the police inquiry and those of the judicial inquiry. The latter was conducted by the then sessions judge, Hyderabad, Mr Parkash Lal M. Ambwani.

The counsel stated that two separate challans were submitted in the trial court regarding the case. The first challan, he pointed out, was submitted under section 316 of PPC which was punishable with only seven years of rigorous imprisonment and not with death sentence or ten years rigorous imprisonment. Therefore, it does not fall in prohibitory clause.

He argued that the second challan was submitted in the court under section of 322 of PPC which carries no punishment as only Diyat amount is to be paid to the complainant party.

The counsel observed that at least 15 witnesses were examined by the sessions judge during the judicial inquiry who supported the jail administration that the deceased prisoner, Mehmood Khoso, and his interned brothers had grappled with Khanu Machi, who was undergoing 25-years of rigorous imprisonment and was performing guard duty outside the office of Aijaz Hyder, the then deputy superintendent jail and the present applicant/accused.

He informed the court that Khoso and his brothers tried to barge into the office of the accused and Khanu Machi resisted them which led to a brawl.

He said that the prisoners tried to push each other into the nearby pond with the result that Mehmood Khoso fell, which caused his death.

The case was registered at Baldia police station following custodial killing of the prisoner on March 15, 2002 under the directives of Mr Justice Anwar Zaheer Jamali after the high court was moved by the cousin of the deceased prisoner through Ayaz Latif Palijo advocate.