' RASHID AZIZ KHAN, J.--- Petitioner Muhammad Saleem, Qasim Din and Wasim-ur-Rehman seek bail in a case registered against them with Police Station City, Jhelum vide F.I.R., dated 11-7-1994 for offences under section 436, P.P.C. The case was got registered by Jehangir Akhtar on his written application with the allegation that between the night of 10th and 11th of July, 1994 at about 1-30 at night he with Atif Nadeem and Muhammad Banaris reached near the gate of Municipal Stadium Afshan Colony and saw the petitioners pulling down the banners and setting them on fire. On seeing them they raised alarm and tried to apprehend them but the petitioners managed to escape, and also took along kerosine oil tin.
2. Learned counsel for the petitioners, inter alia, submitted that there was unexplained delay of 5 hours in registration of the case. The case on the face of it is highly doubtful because night the first informant nor the witnesses have disclosed the reason why at the dead of night they were present near the Stadium when admittedly they were not residents of the locality. Section 436, P.P.C. Is not attracted to the facts of the case. The contentions were resisted by learned counsel for the State.
3. We have heard the learned counsel and gone through the file. The allegations against the petitioners are that they had pulled down the banners from the Municipal Stadium and set them on fire. In these circumstances, even if the prosecution allegations are accepted, yet section 436, P.P.C. Would not be attracted. Section 436, P.P.C. Can be attracted where a place used for dwelling, for storing property or the place of worship is set on fire. Municipal Stadium does not fall in any of the categories mentioned above. There is force in the contention of the learned counsel that neither the first informant nor the witnesses disclosed the reason for being present at 1-30 at night in the Municipal Stadium. The question of identification of the petitioners also requires consideration. In these circumstances, we hold it is a case of further inquiry, which entitles the petitioners to the concession of bail. Therefore, the petitioners shall be released on bail, provided each of them furnishes security in the sum of Rs,25,000 (Rupees twenty-five thousand only) with two sureties, each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court.
Petition is disposed of.