Supreme Court in the case titled Ajay Kumar vs State of Punjab dated 30.04.2001, made following observation:
"The High Court suggested in the impugned order that petitioners can surrender and apply for bail. Shri R.K. Jain, learned senior counsel submits that the apprehension of the petitioners is, on account of some political background, that petitioners are likely be subjected to physical torture. Learned counsel for the State forcibly repudiated this allegation and assured that no such physical torture would be inflicted to them. This is recorded. If petitioners surrender before the authorities concerned, there can possibly be no need of them after the interrogation is completed. We make it clear that once the interrogation is completed the petitioners would make an application for bail and the same shall be disposed of by directing them to execute a bond with two solvent sureties to the satisfaction of the court concerned. We also permit the trial court to impose such other conditions as may be found necessary. With these observations these Special Leave Petitions are disposed of".
What is interesting to note is the fact that Supreme Court had virtually imagined a bail application and also dispoed the same by allowing bail. The expression "the petitioners would make an application for bail and the same shall be disposed of by directing them to execute a bond with two solvent sureties to the satisfaction of the court concerned", clearly shows that the trial court would have no discretion at all once a bail application is moved and has to grant bail.
Read the Order here:
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