PRAMOD KUMAR Vs. SADHNA RANI

JUDGEMENT

(1.) A learned single Judge, doubting the correctness of the decision reported in 1986 All WC 51 : 1986 Cri LJ 365, Shakuntala Devi v. State, has referred the following three questions for consideration by a larger bench : 1. Whether the word 'may' in Proviso (1) of S.437, Cr.P.C. is directory or mandatory ?

(2.) Whether the word 'may' used in Proviso (1) of S.437, Cr.P.C. is to be read as 'shall' and 'must' ?

(3.) Whether the decision reported in 1983 Cri LJ page 365, Shakuntala Devi v. State of U.P. lays down a correct proposition of law ? 2. Another learned single Judge, being of the view that Shakuntala Devi's case (supra) requires reconsideration, has referred the matter to larger Bench. 3. In the former case Pramod Kumar Manglik, the informant has prayed that Smt. Sadhna Rani's bail granted by the Magistrate on the strength of Shakuntala's case, be cancelled. In the later case, Smt. Chandrawati, an accused, seeks bail on the ground that the