Is 489-F bailable or not?

Key points

• Section 4(1)(b) of the Code of Criminal Procedure makes the Second Schedule decide: an offence is bailable only if the Schedule shows it as bailable or another law makes it so. For section 489-F, the Schedule says not bailable.
• For a bailable offence, section 496 says the accused shall be released on bail. For a non-bailable offence, section 497 says he may be released, so the court decides.
• Section 497(1) forbids release only where there appear reasonable grounds to believe the accused is guilty of an offence punishable with death, imprisonment for life or ten years. Section 489-F carries at most three years, so it is outside that bar.
• In 2021 SCMR 822 the Supreme Court granted bail in a 489-F case and noted that the offence was outside the prohibitory clause. Bail can still be refused in exceptional cases, and a court can recall it if it is misused.

The short answer

Not bailable, but bail is possible. Under section 4(1)(b) of the Code of Criminal Procedure, a bailable offence is one shown as bailable in the Second Schedule or made bailable by another law, and every other offence is non-bailable. The Schedule II row for section 489-F, dishonestly issuing a cheque, says not bailable.

Most people stop there and conclude that the accused stays in jail. But the word only tells you who decides. It does not tell you the answer.

Bailable and non-bailable, in the Code's own terms

Section 496 deals with bailable offences. A person accused of one who is prepared to give bail "shall be released on bail". The police officer or the court has no choice in the matter.

Section 497 deals with non-bailable offences. A person accused of one "may be released on bail", which leaves the decision to the court. The same subsection then says he shall not be released if there appear reasonable grounds for believing he is guilty of an offence punishable with death, imprisonment for life or imprisonment for ten years, although the court may still release a person under sixteen, a woman, or a sick or infirm person accused of such an offence. Lawyers call this the prohibitory clause.

Section 489-F of the Pakistan Penal Code is punishable with imprisonment which may extend to three years, or with fine, or with both. Three years is far below ten, so a cheque case falls outside the prohibitory clause. It stays non-bailable, but nothing in section 497(1) stands in the way of bail.

The Lahore cheque case the Supreme Court decided

The FIR, No. 74 of 9 February 2017, was registered at Police Station Old Anarkali, Lahore, under section 489-F. The accused was arrested on 22 September 2020. On 18 February 2021 the Lahore High Court refused him bail, and he petitioned the Supreme Court (paragraphs 1 and 2).

A bench of Justices Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Amin-ud-Din Khan heard the petition on 30 March 2021. In an order written by Justice Manzoor Ahmad Malik, the Court observed that the offence was outside the prohibitory clause of section 497, with a maximum punishment of three years. The prosecutor confirmed the date of arrest, and it was not disputed that he had been allowed bail in three other cases (paragraph 2).

The petition was converted into an appeal and allowed. He was granted bail on a bond of Rs. 500,000 with one surety. Because the case had been pending since 2017, the trial court was told to finish the trial by the end of June 2021, and the Court said that if the bail was misused or he caused delay, the trial court could recall it after hearing the parties (paragraphs 3 and 4).

Outside the prohibitory clause is still not bailable

A three-year maximum does not turn 489-F into a bailable offence, and bail does not become a right. The Supreme Court made the general point in 2003 SCMR 573, a narcotics case: the discretion stays with the court, which decides whether the accused deserves bail under the settled rules (paragraph 5).

For 489-F itself, the Supreme Court said in 2025 SCMR 1955 that bail in an offence of this category is considered favourably as a rule, and may be declined in exceptional cases, which include a likelihood of the accused absconding, tampering with the prosecution evidence, or the offence being repeated (paragraph 3). FAI Media explains that judgment, and why the size of the cheque is no reason to refuse bail, on a separate page: failegal.site/media/bail489.

What else Schedule II says about 489-F

The same Schedule II row records three more things. The police may arrest without warrant, which makes 489-F a cognizable offence under section 4(1)(f). It is compoundable, so the parties can settle it: the Lahore High Court held in 2021 MLD 947 that it is compoundable between the parties without the permission of the court. And it is triable by a Magistrate of the first class, not by a Court of Session.

So a 489-F case is non-bailable, cognizable and compoundable at the same time. Each of those words answers a different question: who decides bail, whether the police need a warrant, and whether the parties can end the case by agreement.

The case at a glance

Facts

Lahore: FIR No. 74 of 9 February 2017, PS Old Anarkali, under s.489-F PPC. Accused arrested 22 September 2020. Lahore High Court refused bail on 18 February 2021. He had been allowed bail in three other cases.

The question

Whether the accused in a 489-F case, refused bail by the High Court, should be released on bail.

What the Court held

Petition converted into an appeal and allowed; bail granted on a Rs. 500,000 bond with one surety. Trial to be concluded by the end of June 2021; bail may be recalled on misuse or delay.

Why

The offence falls outside the prohibitory clause of s.497 CrPC, with a maximum punishment of three years. The arrest date was confirmed by the prosecution, and bail in three other cases was not disputed.

Limits

A short bail order on its own facts, not a ruling that bail must always follow in 489-F cases. It does not decide guilt, which is for the trial.

In the Court’s words

“it has been observed by us that offence alleged against the petitioner falls outside the prohibitory clause of section 497, Code of Criminal Procedure, maximum punishment whereof is three years.”

2021 SCMR 822, para 2

“The mere fact that an offence did not fall within the prohibitory clause of section 497(1) of the Cr.P.C. did not mean that such an offence had become a bailable offence.”

2003 SCMR 573, para 5

“The said offence is, admittedly, of the category which falls within the non-prohibitory clause of section 497 of the Code of the Criminal Procedure, 1898”

2025 SCMR 1955, para 3

The law it relies on

What this does not mean

• It does not mean bail is automatic or a right. In a non-bailable offence the court decides, and it can refuse bail in exceptional cases, such as a risk of absconding or of tampering with the evidence.
• It does not mean 489-F is bailable because the punishment is short. Schedule II says not bailable, and the Supreme Court has said that an offence outside the prohibitory clause does not become a bailable offence (2003 SCMR 573).
• It does not decide the case. Bail is not acquittal: whether the offence under 489-F is made out is for the trial.

Questions people ask

Sources

• Sheikh Abdul Raheem v. The State and another, 2021 SCMR 822 (Supreme Court of Pakistan, 30 March 2021), paras 1, 2, 3, 4
  489-F is outside the prohibitory clause of s.497 CrPC, maximum three years; bail granted, with power to recall on misuse or delay. verified against full text
• Aqeel Ahmed Khan v. The State through Federal Prosecutor General, Islamabad and another, 2025 SCMR 1955 (Supreme Court of Pakistan, 12 August 2025), paras 3
  489-F is admittedly in the non-prohibitory category; bail is considered favourably as a rule and declined only in exceptional cases. verified against full text Supreme Court of Pakistan (judgment PDF)
• Afzaal Ahmed v. The State, 2003 SCMR 573 (Supreme Court of Pakistan, 18 April 2002), paras 5
  An offence outside the prohibitory clause of s.497(1) does not become a bailable offence; the court keeps its discretion. verified against full text
• Zahid Mehmood v. Additional Sessions Judge, 2021 MLD 947 (Lahore High Court, 23 February 2021), paras 6 to 9
  The offence under s.489-F is compoundable between the parties without the permission of the court. verified against full text
• Pakistan Penal Code, 1860, s.489-F text checked in FAI Statute Search Pakistan Code
• Code of Criminal Procedure, 1898, ss.4(1)(b), 4(1)(f), 496, 497 and Schedule II sections checked in FAI Statute Search; Schedule II row checked against the Pakistan Code CrPC PDF Pakistan Code

Every quote and section above is traced to the full judgment or statute text by an automatic check that runs on every update.

What the reel says