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reported in (2006) 1 SCC 783 and submitted that in the Fodder Scam case the bail was granted. He therefore submitted that the present application may be allowed.

9. Learned APP Mr. Jani submitted that the provisions of sec. 437(6) of the Code are not mandatory. He also referred to the provisions and emphasised the words, "unless for reasons to be recorded in writing, the Magistrate otherwise directs." Learned APP Mr. Jani submitted that both the courts below, while rejecting the application under sec. 437(6), has recorded the reasons and therefore the orders cannot be said to be erroneous. He submitted that the word "shall" will have to be interpreted as "may" considering the provision as a whole. Learned APP Mr. Jani also submitted that though the reliance is placed on a judgment of this court in the case of Bhikhaji Chaturji Thakore (supra) and also the judgment in the case of Riza Abdul Razak Zunzunia (supra), the judgment of this court in the case of Jigar Mayurbhai Shah v. State of Gujarat, reported in 2008(2) GLR 1134, is also required to be considered.