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Pre-Arrest Bail in Cheque Dishonor Case

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 PLJ 2026 Cr.C. (Note) 170

[Lahore High Court, Lahore]

Present: Syed Shahbaz Ali Rizvi, J.

MUHAMMAD ANSAR--Petitioner

versus

STATE etc.--Respondents

Crl. Misc. No. 7500-B of 2026, decided on 28.04.2026.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 498--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Pre-arrest bail, grant of--Dishonoured of cheque--Further inquiry--During second investigation, statement of PW was also recorded by investigation officer, DSP yet he made swerving findings by finalizing investigation in this regard--This fact makes case of petitioner one of further inquiry into his guilt in light of which possibility of his false implication also cannot be ruled out--Petitioner is not a convicted person--He has already joined investigation and registration of a case for an offence punishable u/S. 489-F, PPC is not to be used as tool to recover subject amount--Complainant has not instituted a suit for recovery of amount in issue--In collective consideration of facts mentioned above, High Court is of opinion that sending petitioner behind bars is neither likely to serve any useful purpose nor seems justified--Being so, this petition is allowed and ad-interim pre-arrest bail already granted to petitioner is confirmed. [Para 3] A & B

Rai Asif Kharal, Advocate with Petitioner.

Rai Ashfaq Ahmad Kharal, Advocate for Complainant.

Mr. Muhammad Asad Tehrim Baig, Deputy Prosecutor General for State.

Complainant in person.

Date of hearing 28.04.2026.

Order

Through this petition, petitioner seeks pre-arrest bail in case F.I.R No. 564 dated 14.07.2025, registered for offence under Section 489-F, PPC, at police station Warbarton, district Nankana Sahib.

2.       Arguments heard. Record perused.

3.       Though allegation against the petitioner is that he purchased buffalo from the complainant and issued a cheque amounting to Rs. 4,40,000/- for the payment of consideration amount that was returned by the bank when presented yet during first investigation, it was found that buffalo was purchased actually by one Jameel but at that time he was not having amount due to which a cheque was issued by the petitioner to the complainant as a guarantee while deal was not between the petitioner and the complainant. Though during second investigation, statement of Jameel was also recorded by the investigation officer, DSP yet he made swerving findings by finalizing investigation in this regard. This fact makes the case of petitioner one of further inquiry into his guilt in the light of which possibility of his false implication also cannot be ruled out. Petitioner is not a convicted person. He has already joined the investigation and registration of a case for an offence punishable under Section 489-F, PPC is not to be used as tool to recover the subject amount. Complainant has not instituted a suit for recovery of the amount in issue. In collective consideration of the facts mentioned above, this Court is of the opinion that sending the petitioner behind the bars is neither likely to serve any useful purpose nor seems justified. Being so, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.

(A.A.K.)          Petition allowed

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Location: Office No. F-16, 1st Floor, Afzal Center, near Family Courts, G-10/1 Courts, Islamabad, 44000, Pakistan

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