HIGH COURT OF MADHYA PRADESH
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(1.) THIS is an application for bail by Bhawani Singh approver. His bail application was rejected by the Sessions Judge, Bhopal.
(2.) IT has been urged that the criminal case in which Bhawani Singh was given pardon has been pending for decision for a long period and in view of the fact that one of the absconding accused has been arrested, there is no likelihood of sessions cases being decided within a reasonable time. It was further contended that Section 337 (3), Criminal P. C. cannot be deemed to be of a mandatory nature and consequently the Court could grant bail to the approver.
(3.) SECTION 337 (3), Criminal P. C. , runs us below: Such person unless he is already on bail shall be detained in custody until the termination of the trial. It is true that the nature of any provision, whether discretionary or of a mandatory nature, is not to be construed from the word 'shall' or 'may' used therein. In certain cases the. word 'shall' can be regarded not to be of a mandatory nature if on consideration of the enactment as a whole it appears that the discretion was left open for the Court. Bhawani Singh vs. The State (19. 09. 1955 -MPHC) Page 2 of 3 gh vs. The State (19. 09. 1955 -MPHC) Page 2 of 3 But where the provision by itself suggests that the general powers of the Court had been taken away or that there was a prohibition from passing contrary orders, the word 'shall' will be deemed to be of a mandatory nature. In the pre-sent case the Legislature has not only used the word 'shall' but it is preceded by the words 'unless he is already on bail'. In my opinion Section 337 (3), Criminal P. C. can be given no other meaning except that an approver already detained in custody, cannot be released on bail for the period the trial has not been concluded. In other words, therefore, even if the termination of the trial takes a long period the approver will have to be detained in custody.;
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