1. Is Section 437 A of Cr.P.C. mandatory in nature?

2. This is the pertinent question that crops up for consideration in this case.

Section 437 A of Cr.P.C. reads:-

“Bail to require accused to appear before next appellate Court-(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months.

(2) If such accused fails to appear, the bond stands forfeited and the procedure under section 446 shall apply.”

3. Section 437A of Cr.P.C. was introduced as per Criminal Procedure Code (Amendment) Act, 2008 (ct 5 of 2009) which was brought into force with effect from 31.12.2009. The main object of this section is to secure attendance of the accused at the appellate stage, if any appeal is filed against the verdict of acquittal or for enhancement of the sentence.

4. The learned counsel for the petitioner points out that no specific provis