( 1 ) THE following question has been referred to us for decision. "whether while dismissing a bail application an order can be made to the effect that applicant cannot be released on bail on any term whatsoever till the disposal of the case against him?" ( 2 ) THE question has arisen in the following circumstances. Applicant Ram Sahodar and Diganlal are being prosecuted for an alleged offence under S. 376, read with S. 34, Indian Penal Code. They applied for their release on bail before the Court of Session. Their application was rejected. They then came to this Court. By order, dt. 13-10-1984, passed in Misc. Criminal Case No. 2403 of 1984, Hon. Bhatt, J. rejected that application. However, while rejecting that application, the learned Judge observed :"there is no justification for grant of bail to the applicants-accused on any terms, whatsoever, till the disposal of the case against them, since there is already more than sufficient incriminating evidence, for their inculpation, in the investigation done so far. "thereafter, the applicant again moved the Court of Session for his release on bail as till then the challan was filed in the Court. The application was a