Farman Ali Khan was accused of fraudulently issuing a cheque of Rs.5,847,000 that was dishonoured, in favour of respondent No.2. The Lahore High Court refused pre-arrest bail on 17.07.2026 in Crl.Misc.39257-B/2026; ad-interim pre-arrest bail had been granted on 07.09.2026. He petitioned the Supreme Court in Crl.P.L.A.1448/2026.
The Supreme Court — Mr. Justice Aqeel Ahmed Abbasi authoring, with Mr. Justice Jamal Khan Mandokhail and Mr. Justice Naeem Akhter Afghan — allowed the petition on 22.09.2026, set aside the High Court's order, and confirmed the pre-arrest bail. The reasoning rested on three pillars. First, the offence under section 489-F PPC carries a maximum punishment of three years and falls outside the prohibitory clause — where bail is the rule and refusal the exception.
Second, the Court saw mala fide: what was essentially a civil and commercial dispute over money had been converted into criminal proceedings, a classic pressure tactic. Third, there was a discrepancy between the cheque amount and the liability actually determined during investigation — making the prosecution's case arguable rather than airtight, exactly the situation in which pre-arrest protection is meant to operate.
The judgment is a useful shield against the weaponisation of 489-F. Cheque-dishonour prosecutions are routinely filed to arm-twist in business disputes; the Supreme Court's answer is that criminal process is not a recovery agency. Where the liability itself is disputed and the offence is bailable in principle, sending a man to lock-up before trial serves pressure, not justice. Karobari jhagra thanay se nahi, hisaab se hal hota hai.