1. :-This is a criminal miscellaneous application sent to this Court by Ayodhyasingh through the Superintendent of Jail Jaipur. The petitioner Ayodhyasingh has been made approver in criminal case State v. Sangramsingh under Sections 457 and 380 , Indian Penal Code pending in the Court of the Sessions Judge, Jaipur. He filed an application for grant of bail before the learned Sessions Judge Jaipur but it was rejected vide his order dated 28.3.1972, on the ground that the petitioner being an approver cannot be released on bail in view of the prohibition contained in sub-section (3) of Section 337. Criminal Procedure Code. He has now filed the present application challenging the validity of the above order passed by the learned Sessions Judge and has also made a prayer for releasing him on bail.

2. Section 337 (3). Criminal Procedure Code runs as follows:-

"Such person unless he is already on bail, shall be detained in custody until the termination of the trial." The word 'shall' has been used in sub-section (3). It is true that the nature of any provision whether discretionary or mandatory is not to be construed from the word 'shall' or 'may' used therein. In certain cases, t