Bail condition modification remains open despite dismissal of an earlier challenge; fresh hearing required on the application's merits.

Dismissal of an earlier special leave petition against a bail order does not bar the court that granted bail from later considering modification of bail conditions. A request to alter those conditions must be examined on its own merits, and refusal to consider the application without such consideration was unsustainable. The matter was therefore remitted to the High Court for a fresh hearing on the modification request, preferably before the judge who granted bail, with all merits left open.

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Issues: (i) whether dismissal of an earlier special leave petition against the order granting bail precluded the High Court from considering modification of the bail conditions; (ii) whether the application for modification of bail conditions should be heard afresh by the High Court and, preferably, by the judge who granted bail.

Issue (i): whether dismissal of an earlier special leave petition against the order granting bail precluded the High Court from considering modification of the bail conditions.

Analysis: Dismissal of an SLP against a bail order does not amount to a stamp of approval of every condition imposed in that order. The power to modify bail conditions remains available to the court that granted bail, and the fact that the earlier challenge failed does not bar consideration of a subsequent request for modification.

Conclusion: The High Court was not precluded from entertaining the prayer for modification of bail conditions.

Issue (ii): whether the application for modification of bail conditions should be heard afresh by the High Court and, preferably, by the judge who granted bail.

Analysis: The impugned order refusing to consider the application on merits was unsustainable. The matter was therefore remitted for a fresh hearing, and it was considered desirable that the application be placed before the judge who had granted bail, so that the matter could be decided in accordance with law.

Conclusion: The application for modification of bail conditions was to be heard afresh by the High Court, preferably by the judge who granted bail.

Final Conclusion: The matter was sent back to the High Court for a fresh decision on the bail-condition modification request, with all merits left open.

Ratio Decidendi: Dismissal of a challenge to a bail order does not foreclose the granting court from later considering modification of its bail conditions, and such a request must be examined on its own merits.

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