HYDERABAD, Nov 29: A division bench of the Sindh High Court, Hyderabad circuit, comprising Justice Mohammad Moosa K.Leghari and Justice Maqbool Baqar on Wednesday granted pre-arrest bail to the district nazim of Jamshoro, Malik Asad Sikandar, in a sum of Rs100,000.
The bail is fixed for confirmation on December 5. Lawyers Shahadat Awan and Allah Bachayo Soomro, represented the district nazim, who was also present in the court.
The case was lodged against the district nazim on the compliant of Syed Liaquat Ali, the public relations officer of the Petaro Cadet College (PCC), following an armed clash over a land, involving the PCC administration and villagers of Safar Khaskheli Goth.
The case was lodged under section 324, 147, 148, 149, 109, 427, 337H(ii), PPC read with section 6(2)(m)(n) of ATA 1997.
The district nazim had obtained the pre-arrest bail from the sessions court of Jamshoro in a sum of Rs50,000 which was later confirmed.
Shahadat Awan, advocate, contended that after registration of a fake FIR in collusion with the rival group of the applicant wanted to disgrace and humiliate him with malafide intention.
He said that his earlier pre-arrest bail was confirmed on November 22 in the same case by the sessions court, but on November 28, the investigating officer of Jamshoro police filed an application in the sessions court of Jamshoro requesting the court to return the challan which is to be submitted before the Anti-Terrorism Court in Hyderabad due to incorporation of section 6(2)(m)(n) of the Anti-terrorism Act 1997.
He said that concession of pre-arrest bail would become infructuous being hit by section 21(d) of the ATA 1997 because special law prevails upon the ordinary law therefore, there was great apprehension of malicious arrest and humiliation of his client.
The counsel touched the medical certificate related with part of the FIR and said that it appeared that the case was registered after obtaining medical assessment, consultation and due deliberation which was being proved by column no.1 of the original FIR.
