| Citation(s) |
|---|
| 2025 SLG 3708 2025 SLD 3708 = 2025 SHC 1836 |
Criminal Bail Application No.865 of 2025
TASNEEM SULTANA, J
Muhammad Shoaib son of Islamuddin, through Mr. Mudasir Hussain, Advocate
Applicant : Faqir Syed Zain Ul Abedin son of Faqir Syed Imtiaz Uddin, through Mr. Zahid Ali Maitlo, Advocate Respondent : The State
Law: Pakistan Penal Code, 1860
Section: 489-F,34
Law: Code of Criminal Procedure, 1898
Section: 173,497,498,512
Summary
Faqir Syed Zain Ul Abedin applied for confirmation of his interim pre-arrest bail in a case registered under Section 489-F PPC, involving dishonour of a cheque amounting to Rs. 15,000,000. The complainant alleged that the applicant and others failed to deliver possession of a house and issued a dishonoured cheque. The applicant claimed innocence, alleging a civil dispute, a business partnership with Rao Tasawar Iqbal, and misuse of his signature by the co-accused. However, the Court found the allegations against the applicant prima facie clear and specific, noting that the applicant had absconded despite interim bail and had not participated in proceedings. Considering relevant Supreme Court precedents, the Court held that pre-arrest bail is an extraordinary relief and refused confirmation of bail, recalling interim bail due to the applicant’s fugitive status. The order emphasized that the bail decision is tentative and does not prejudice any party's case.
Core Points
- The case involves dishonour of cheque (Section 489-F PPC) related to a property transaction dispute.
- Applicant and co-accused issued a cheque that bounced due to insufficient funds.
- Applicant claims innocence and alleges business partnership and misuse of signature by co-accused.
- Applicant’s prior Bail Before Arrest application was dismissed; interim bail was granted then subjected to confirmation.
- Complainant’s bank records confirm cheque was dishonoured and applicant’s signature is not disputed.
- Applicant remained abscondent and did not join the investigation or trial courts.
- Supreme Court precedents recognize bail under Section 489-F PPC as generally granted unless exceptions apply.
- Exceptions for bail denial include risk of absconding, tampering with evidence, repeat offences, or previous convictions.
- Applicant failed to demonstrate mala fide intentions or abuse of process by complainant/police.
- Pre-arrest bail is an extraordinary remedy and requires showing of innocence and ulterior motive in arrest.
- Applicant's fugitive status disentitles him from pre-arrest bail.
- Interim bail was recalled and bail application dismissed; findings are tentative.
Law and Sections:
| Section/Case | Description |
|---|---|
| Section 489-F, PPC | Deals with dishonour of cheque for insufficiency of funds or other reasons |
| Section 34, PPC | Acts done by several persons in furtherance of common intention |
| Section 173, Cr.P.C. | Submission of Police Report/Charge Sheet |
| Section 497, Cr.P.C. | Conditions for grant of bail before arrest |
| Section 498, Cr.P.C. | Power of High Courts and Sessions Judge to grant bail before arrest |
| Section 512, Cr.P.C. | Procedure when accused absconds; attachment of property |
| Tariq Bashir and 5 others v. The State (PLD 1995 SC 34) | Bail is rule and refusal is exception in cheque dishonour cases under Section 489-F PPC |
| Muhammad Tanveer v. The State (PLD 2017 SC 733) | Bail principles in cheque dishonour cases |
| Rana Abdul Khaliq v. The State (2019 SCMR 1129) | Bail before arrest is extraordinary relief for innocent persons against mala fide arrests |
| Rana Muhammad Arshad v. Muhammad Rafique (PLD 2009 SC 427) | Guiding principles for grant of bail before arrest |
| Aihtesham Ali v. The State (2023 SCMR 975) | Parameters for pre-arrest bail, emphasizing extraordinary relief and conditions |
| Hidayatullah Khan v. The Crown (PLD 1949 21) | Judicial protection principles for bail before arrest |
O R D E R