By Muhammad Shafique Baloch Advocate High Court
In a recent decision reported as 2025 LHC 4781, the Lahore High Court once again underscored the principle that bail—even in non-prohibitory clause cases—can be denied where the facts and circumstances justify judicial restraint. The case involved Muhammad Mudasir Syed, who was accused of committing cheque fraud under Section 489-F of the Pakistan Penal Code (PPC), through misrepresentation and issuance of a dishonoured cheque worth Rs. 1,204,600/-.
The Facts
According to FIR No. 162/2025 registered at Police Station Nau Lakha, Lahore, the complainant—proprietor of “Shabbir Engineering”—was introduced to the petitioner by a banker named Shakeel Ahmad. The petitioner represented himself as capable of securing a Rs. 30 million (3 crore) bank loan through Bank Alfalah, and allegedly received over Rs. 1.2 million as facilitation charges.
Instead of delivering the promised loan, the petitioner handed over a forged letter purportedly from Bank Alfalah stating sanction of Rs. 25 million—a document later confirmed to be bogus. When the complainant demanded his money back, the petitioner issued a cheque which was dishonoured due to the account being dormant.
Court’s Reasoning
Justice Tanveer Ahmad Sheikh, while dismissing the post-arrest bail petition, made several crucial observations:
The dishonoured cheque, bogus bank letter, and misrepresentation clearly established prima facie fraudulent intent.
The petitioner failed to present any credible material to support his defense that the cheque was misused by a third party.
While acknowledging that Section 489-F PPC does not fall within the prohibitory clause of Section 497 Cr.P.C, the court invoked well-settled precedent that bail may still be denied in exceptional circumstances.
Citing Supreme Court authorities, including Shamil Ahmad v. The State (2009 SCMR 174) and Amir Sheikh v. The State (2012 YLR 2136), the court reiterated that each bail case must be assessed on its own merits, and not every accused is entitled to bail merely due to the absence of a prohibitory clause.
Conclusion
This judgment serves as a stark reminder to both practitioners and litigants that cheque dishonour cases involving fraud, deceit, and document forgery may be treated with stern scrutiny by the courts. The High Court’s refusal to extend the benefit of bail in this matter reflects the judiciary’s increasing sensitivity toward white-collar crimes and economic deception.
About the Author
Muhammad Shafique Baloch
Advocate High Court
Specialist in Criminal Law | Asylum Cases | Constitutional Litigation
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