IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Manzoor Ahmed Malik 
Mr. Justice Sajjad Ali Shah 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Criminal Petition No.1004 of 2019 
 (Against judgment dated 08.08.2019 passed by Islamabad 
High Court Islamabad in Cr. Misc. No.289-B of 2019) 
 
 
Anti Narcotics Force through its Regional Director 
  
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
Syed Paris Ali 
…Respondent(s) 
 
For the Petitioner(s): 
Ch. Ihtesham-ul-Haq, 
 
Special Prosecutor, ANF  
 
 
 
 
 
 
  
For the Respondent(s): 
N.R.  
  
 
 
Date of hearing: 
17.10.2019. 
 
JUDGMENT  
 
 
      Qazi Muhammad Amin Ahmed, J. Syed Paris Ali, 
respondent herein, was surprised by a contingent of Anti Narcotics 
Force on 4.12.2018; he was found in possession of charas, weighing 
3600 grams; his attempts for bail failed throughout, including this 
Court. Undeterred by his earlier failures, the respondent chartered 
the course once again on medical grounds. The plea found favour 
with the Islamabad High Court and the respondent was admitted to 
post arrest bail vide impugned order dated  8.8.2019, vires whereof 
are being assailed with the plea that there was no occasion for the 
High Court to grant bail to the respondent in  the absence of a valid 
fresh ground as according to the learned counsel, nothing 
substantial changed ever since dismissal of respondent’s plea in this 
Court including his health condition. It has been pointed out that 
the disease alleged by the respondent and relied upon by the High 
Court carried no serious threat and was treatable within the jail. 
2.  
The impugned order is structured upon a report, 
reproduced below:- 
“The said accused has history of fire arm injury (FAI) and had 
explanatory laparotomy in June, 2018 by GSU-1 (General Surgery Unit-
1). He had multiple gut perforations for which primary repair was done 
Criminal Petition No.1004 of 2019 
 
2
in  2018. Now, the accused is complaining of painful defecation, 
constipation and on  & off bleeding per rectum. On per anal 
examination, well heeled midline scar, no swelling and no mass 
palpable. On digital rectal examination anal fissure at 6 O’ clock with 
skin tag. The diagnosis as per Dr. Sajid Ali Shah, Assistant Professor, 
Department of General Surgery, Pakistan Institute of Medical Sciences, 
Islamabad is of anal assure; the accused was advised medicines and 
given instructions as below: 
 
 
 
Tab Novidat 500 mg  
Twice daily x 5 days 
 
 
 
Tab Flagyl 500 mg 
 
Thrice daily x 5 days 
 
 
 
Tab Zantac 150 mg 
 
Twice daily x 2 weeks 
 
 
 
Pyodine sitz bath 
 
as instructed 
 
 
 
Cream. GTN 0.2 % 
 
Twice daily 
 
 
 
Isphaghula 
Husk  
Two Ten Spoons Full at  
 
 
 
 
 
 
 
sleeping hour 
 
 
 
Syp. Duphalac  
 
30 ml at sleeping hour 
 
 
The accused was instructed to take plenty of water, take extra fruits 
and vegetables and to avoid spicy foods with follow-up in surgical OPD 
after two months.”  
 
  
The above report, apparently, does not suggest any serious health disorder 
beyond hemorrhoids nor it appears to require any treatment possibly not 
available in jail hospital. It does not suggest any special procedure for the 
respondent as well. Not every ailment entitles an accused to be released on 
bail unless such a malady is found life threatening or without possible cure 
in the prison. Consideration that weighed with the High Court does not 
commend for approval particularly after respondent’s failure in this Court, 
however, since the trial has commenced, likely to be concluded soon and 
concession has not been abused, we do not consider it expedient to recall the 
bail as the provisions of sub section 5 of section 497 of the Code of Criminal 
Procedure, 1898 are not punitive in nature. Petition fails. Dismissed. 
 
 
 
 
 
Judge 
 
 
Judge 
 
 
Judge 
Islamabad  
17th October, 2019 
Azmat/- 
