Whether section 362 Cr.P.C would prohibit modification on bail order?
4. The opinion of the High Court, in the impugned order, is that in the event the High Court granted bail to the appellant without compliance of the conditions specified in the earlier order of a Coordinate Bench, that would constitute modification of the order and Section 362 of the Code prohibits such modification of a judgment or final order.
5. An order for refusal of bail however, inherently carries certain characteristics of an interlocutory order in that certain variation or alteration in the context in which a bail plea is dismissed confers on the detained accused right to file a fresh application for bail on certain changed circumstances. Thus, an order rejecting prayer for bail does not disempower the Court from considering such plea afresh if there is any alteration of the circumstances. Conditions of bail could also be varied if a case is made out for such variation based on that factor. Prohibition contemplated in Section 362 of the Code would not apply in such cases. Hence, we do not think the reasoning on which the impugned order was passed rejecting the appellant’s application of bail can be sustained. The impugned order is set aside and the matter is remitted to the High Court. The bail petition of the appellant before the High Court shall revive to be examined afresh by the High Court in the light of our observations made in this order.
RAMADHAR vs. STATE OF MADHYA PRADESH – Crl.A. No.-003223 of 2023 (Arising from SLP(Crl) No(s). 11130/2023) – October 16, 2023.
https://main.sci.gov.in/supremecourt/2023/35796/35796_2023_6_2_47705_Order_16-Oct-2023.pdf
35796_2023_6_2_47705_Order_16-Oct-2023
Further study on the subject
Bail – Bail can be granted despite the presence of the accused if he is in police custody
Article: Bail – A basic understanding
Difference between cancellation of bail and appeal against the bail already granted
