' M. BILAL KHAN, J.---Liaqat Ali son of Abdullah, petitioner, by filing this petition seeks post-arrest bail in case F.I.R No,215 of 2007, registered with Police Station Tatlay Aali, Gujranwala, for offences under sections 148, 302, 149, read with section 109, P.P.C.
2. The facts of this case as unfurled in the F.I.R registered at the instance of Arshad Mehmood son of Dost Muhammad, complainant, was that on the day of occurrence his brother Ghulam Abbas alias Javaid along with his wife Mst. Maqsood Bibi and his (complainant's) son were going to Gujranwala in a Toyota Corolla car bearing registration No,7901-GAC; he (complainant) and the P. Ws were standing near a shop at Beni Adda Muraliwala; when the said car reached in front of them two other Toyota Corolla cars intercepted the former car, out of the said cars a white coloured Corolla pulled up ahead of the former car whereas the second one halted behind it, Afzal alias Pappu, Safdar son of Naseer Ahmad, Tariq alias Pappu son of Sadiq, Faqeer son of Falak along with three unknown persons, while variously, armed, emerged from the first car; Afzal alias Pappu while raising lalkara, that they be done away with, fired a burst with his rifle on the car which hit his brother's wife Masoodan Bibi, who was sitting on the rear seat, on her temporal region; when his (complainant's) brother and son tried to save their lives, all the accused made indiscriminate firing as a result of which his brother and son after sustaining injuries on different parts of their bodies fell down; accused Afzal alias Pappu, etc. After making indiscriminate firing boarded their vehicles and fled from the spot; when the complainant along with Naseer Ahmad reached near the injured, they had succumbed to their injuries. The motive behind the occurrence was disputed land the proceedings whereof were pending in the Civil Court.
' Initially Liaquat Ali petitioner along with his co-accused Bilal son of Sardar was not nominated in the F.I.R but on the supplementary statement got recorded by the complainant on 29-5-2007 he was also inculpated as accused.
3. The petitioner's plea for his post-arrest bail did not find favour with the learned Additional Sessions Judge, Gujranwala who turned down his application vide order dated 18-3-2008. Hence this petition.
4. I have heard the learned counsel for the parties and have perused also perused the record.
5. It has been observed that Liaquat Ali along with his co-accused Bilal was not nominated in the F.I.R and his name had surfaced for the first tune in the supplementary statements got recorded by the complainant on 29-5-2007 i.e, one day alter the occurrence, wherein it had been alleged that the petitioner along with his co-accused was also involved in making indiscriminate firing as a result of which his brother, the wife of his brother and his son had been done to death. No fatal shot or specific injury ascribed against the present petitioner to the deceased persons either in the F.I.R or in the supplementary statement.
Supplementary statement is always considered to be a weak type of evidence and cannot be given much credence as the same is generally based on hearsay, which is inadmissible in evidence. Apart from the bald statement that he had come to know that Liaquat Ali son of Abdullah and Bilal son of Sardar were also involved in this case there is nothing on record which could prima facie connect the petitioner with the commission of the offence. Even otherwise during investigation the plea of alibi of the petitioner that on the day of occurrence he was present in his office was endorsed by the Investigating Officer vide Zimni No,32, dated 2-8-2007. The true import of his role as also his vicarious liability will be determined after recording of some material evidence by the Trial Court at the time of trial. The case of the petitioner being pre-eminently one of further inquiry within the meanings of subsection (2) of section 497, Cr.P.C., he is entitled to the concession of bail.
6. Resultantly this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the learned Trial Court.