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Modification of bail conditions is not barred by Section 362...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed dues.
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Modification of bail conditions is not barred by Section 362 Cr.P.C. because a bail order is interlocutory and does not finally dispose of the criminal case. The notes state that a High Court may use inherent jurisdiction to vary such conditions where changed circumstances require intervention to secure the ends of justice. They further explain that bail conditions cannot operate as a mechanism to recover disputed dues before trial: a monetary deposit imposed without prima facie satisfaction of guilt may be unreasonably onerous. In the circumstances described, closure of proceedings against co-accused, absence of an early trial, and the applicant's age supported revocation of the fixed-deposit condition and release of the deposit with accrued interest.
Modification of bail conditions is not barred by Section 362 Cr.P.C. because a bail order is interlocutory and does not finally dispose of the criminal case. The notes state that a High Court may use inherent jurisdiction to vary such conditions where changed circumstances require intervention to secure the ends of justice. They further explain that bail conditions cannot operate as a mechanism to recover disputed dues before trial: a monetary deposit imposed without prima facie satisfaction of guilt may be unreasonably onerous. In the circumstances described, closure of proceedings against co-accused, absence of an early trial, and the applicant's age supported revocation of the fixed-deposit condition and release of the deposit with accrued interest.
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