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 S. 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 as 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.

But where the provision by itself suggests that the general powers of the Court had been taken away or that the