PESHAWAR, Feb 1: An appellate bench of the Peshawar High Court on Friday set aside the conviction awarded to the former PML MNA Haji Kabir Khan and remanded his case back to the accountability court for a re-trial.

The bench comprising Justice Nasirul Mulk and Justice Shehzad Akber Khan also dismissed a state appeal filed against the acquittal of his five brothers and three sons.

The bench observed that the charge framed against the accused by the trial court was defective. It directed the trial court to consider those assets of Mr Khan which were acquired after 1993, as he had entered the public office in that year.

The bench had reserved its order on Nov 15, 2001, after completion of arguments by both sides. Senior advocate Abid Hassan Minto had represented the appellant and Mian Fasihul Mulk appeared for the state.

Mr Khan was convicted by the accountability court of possessing assets disproportionate to his known sources of income and was sentenced to seven-year rigorous imprisonment with Rs350 million fine. His brothers and sons were acquitted by the trial court.