2022 SCMR 955
Pendency of an ad-interim pre arrest bail in a case of homicide before a learned Additional Sessions Judge on the eventful day is a common ground and so is assembly of a large number of supporters of each side in the court premises for purpose no other than to flex their muscles. Recovery memos confirm seizure of crime empties as well as two vehicles carrying offensive weapons with munitions right from inside the court premises. Damaged nameplates, broken benches and other installations removed during the occurrence are also part of the inventory. We entertain no manner of doubt that it was beginning of a day in District Courts Rawalpindi far from usual, disruptive and awe-inspiring, for which both sides, bracing each other in a large number of cases, cannot conveniently shield themselves behind a bald denial.
District/Trial Courts constitute a most important tier of our judicial system; here parties brace each other face to face at close blank with the Judge and advocates within physical reaches; these temples of justice, by necessary implications, are required to be most guarded by law; it is essential that all those who man the first rung of judicial ladder attend their pursuits with the satisfaction of being safe and secure; it is equally important that even the mightiest cannot dare to contemplate a transgression without a backlash sanctioned by law .and, thus, we find the High Court wise and conscionable in its discretion to disallow the motions.
We do not consider it expedient to comment upon the argument relating to the suggested non-applicability of penal provisions invoked by the prosecution, a business to be best settled by the trial Court on the strength of material/evidence before it, uninfluenced by the issue specific observations recorded hereinabove. Even otherwise, the Supreme Court seldom interferes with exercise of discretion in bail matters, that too, in cases of denials, manifestly untenable, not the one in hand.
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