Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), S.302/324/322/319/353/148/ 149---Constitution of Pakistan (1973), Art.185(3)---Pre-arrest bail, grant of---None of the two accused Doctors was nominated in the F.I.R.---Trial Court had dismissed the application for summoning one Doctor as an accused in the case which order was not assailed by the complainant---No Expert evidence being available on record to show that the deceased had died because of his shifting from Sialkot to Lahore without making adequate arrangements, criminal negligence of the other Doctor, prima facie, was also not established---Accused Doctors having been charged under S.322, P.P.C. could only be liable to Diyat and could not be punished ultimately for death or imprisonment for life and therefore, concession of bail could not be denied to them under the law---Accused Police Officers were not attributed any role in the F.I.R. to establish their criminal negligence in launching rescue operation---Evidentiary value of the supplementary statements of the complainant and other witnesses regarding the launching of the rescue operation against the instructions of the Sessions Judge in a reckless manner, would be determined by the Trial Court in accordance with law---Said evidence, prima facie, at this stage appeared to be inconsistent---Deceased Judicial Officers as per medical evidence having been fired upon from a close vicinity, their deaths at the hands of the accused Police officers, prima facie, could not be believed who seemed to have done their best to save the hostages---Accused D.I.G. had launched rescue operation under unavoidable circumstances and if he had not conducted the same, then he would have also become liable for failing to perform his duty, because under rescue doctrine emergencies might sometimes justify what would otherwise be considered a rash and indefensible act---Prosecution in black and white had not saddled the accused with any criminal liability and Trial Court itself on having seen the record and summoned them under S.302, P.P.C.---Arrest of accused could cause humiliation and unjustified harassment to them in…

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