LHC rejects bail in Rs3.7m forged cheques scam

The Lahore High Court (LHC) has dismissed the bail petition of a man accused of defrauding a trader through forged cheques worth over Rs3.7 million, while also cancelling the bail of his alleged business partner who was found privy to the crime. However, the court upheld bail granted to a third accused who acted as broker in the deal.

Justice Tanveer Ahmad Sheikh of the LHC was hearing two petitions — one filed by the main accused, Muhammad Uzair Bin Rafi, seeking post-arrest bail, and another by complainant Qaiser Nadeem for cancellation of the bail granted to co-accused Raja Danish and Muhammad Asif.

According to the case, Rafi purchased paddy crops from Nadeem's shop and issued cheques for payment. The signatures on the cheques were later found to be unauthorised and inconsistent, with the accused signing in multiple styles.

The complainant alleged this amounted to fraud, causing him significant financial loss.

Justice Sheikh observed that the petitioner's conduct amounted to forgery, noting that cheques are "valuable security" under Section 30 of the Pakistan Penal Code (PPC).

He remarked: "The modus operandi adopted by the petitioner was tantamount to committing the financial murder of the complainant. Circumstances do not permit any discretion in his favour."

The court also set aside the district court's earlier bail order for Raja Danish, ruling that evidence suggested his involvement in a joint venture with the main accused.

Justice Sheikh said Danish's claim of being defrauded himself could only be determined during trial, adding that his "prima facie involvement in the non-bailable offence could not be ruled out."

However, the court declined to cancel bail granted to Muhammad Asif, who was nominated in the FIR as a broker.

Justice Sheikh observed that Asif had no direct nexus with the disputed cheques, and therefore his bail would not be withdrawn.

The court concluded that while extraordinary relief of pre-arrest bail is available only to the innocent, the evidence against Rafi and Danish warranted denial of such concession.