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| 2025 SLG 5210 2025 SLD 5210 = 2025 SHC 3290 |
Criminal Revision Application No240 of 2025
Jan Ali Junejo, J
For the Applicant : Shaikh Abdul Saleem son of Abdul Raheem Through Mr. Zahid Hussain Baladi, Advocate For the
Respondent-2 : Abdul Wasi son of Abdul Raheem Through Mr. M. Saeed Shehzad, Advocate. The State : Mr. Zahoor Shah, A.P.G. Date of hearing : 03.11.2025 Date of Order : 17.11.2025
Law: Pakistan Penal Code, 1860
Section: 489-F
Law: Criminal Procedure Code, 1898
Section: 435,439-A,497
Summary:
The applicant, Shaikh Abdul Saleem, challenged the cancellation of his bail in a case under Section 489-F PPC (dishonoured cheque) by the Sessions Judge. The bail was initially granted by the Judicial Magistrate because the dispute was civil/familial in nature, no evidence of dishonest intent was established, and the offence did not fall under the prohibitory clause of Section 497 Cr.P.C. The Sessions Judge cancelled the bail, citing alleged misuse, but the High Court found that there were no “strong or exceptional grounds†for cancellation. The Court held that failure to repay a disputed debt does not constitute misuse of bail and restored the original bail.
Sections Used:
Section 489-F – Pakistan Penal Code (Dishonoured Cheque)