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Anand (CEO)     23 August 2015

Can session court modify its own terms of bail?

I got anticipatory bail from Session Court in certain matter based upon a false complaint filed by someone. Now I got evidence which is related to some of the stringent terms and I want to know if this new evidence can be used to modify the terms of the bail. Can I go to the same Sessions Court and ask it to modify its own terms or will I have to go to High Court for this? Please provide some judgment or Cr.P.C. or applicable section in support, if possible. THIS IS VERY URGENT. PLEASE...


 6 Replies


It has been held by the Karnataka High Court that the trial Magistrate has power to pass the subsequent order altering or amending or deleting the conditions of the earlier bail order in any manner whatsoever. S. 437(5) of Cr.P.C. impliedly confers such power on him. When the Magistrate is conferred with the power to cancel his order of bail, then, as a logical corollary, it follows that he does have the power as well to amend or effect necessary alterations, short of cancellation, in the earlier bail order passed by him.                                                     Bombay High Court has also decided in a similar manner.          .                                       So, you can file an application for modification of the conditions for bail to the same Magistrate who granted bail.Secondly, Second 439(1)(b) of Cr.P.C. provides as under:                                “(1) A High Court or Court of Session may direct—

(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:…”

Therefore, the Sessions Court and the High Court also have the power to modify any condition imposed by the Magistrate while granting bail. Accordingly, an application for modification of bail conditions can also be filed to the Sessions Court or the High Court.

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Anand (CEO)     24 August 2015

Your answer is very useful. It appears to answer my question but to be precise, my issue is that the anticipatory bail was granted by the Session Court with some factual findings which were wrong because I did not have certain evidence then. Now that I have the new evidence, can I go back to the Session Court and ask that the bail conditions be modified?  There is no magistrate involved anywhere in the proceedings, as yet.


The issuing authority has a discretion to modify the bail given at the time of hearing according to the validity of the new evidences submitted.

 Modification of Bail Order Prior to Verdict:

 The existing bail order may be modified by a judge:   at any time prior to verdict upon motion of counsel for either party with notice to opposing counsel and after a hearing on the motion; or   at trial or at a pretrial hearing in open court on the record when all parties are present.  Once bail has been set or modified by a judge , it shall not be modified except (1)  by a judge of a court of superior jurisdiction, or   (2)  by the same judge or by another judge  either at trial or after notice to the parties and a hearing.

  When bail is modified pursuant to this rule, the modification shall be explained to the defendant and stated in writing or on the record by the  the judge.



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Anand (CEO)     25 August 2015

Mr. Devalla,

Thank you for the information. On point.

One last question - "The existing bail order may be modified by a judge:   at any time prior to verdict..." Which "verdict" are you referring to? The verdict in the main criminal case or the verdict in the anticipatory bail application?

The Judge has approved the anticipatory bail but the Order is not issued as it has not been transcribed by the steno. Can I file my application even before the Order is issued? This Court is slow in issuing Orders even after it is read. The clerk says there is a back-log and I want an amendment fast. What do you suggest?

Thanks boss! 


Verdict in the main case.

Naman Gupta (Legal Consultation)     15 August 2018

Hi Sainath Devalla

Can you please the details of provision under which the modification of Bail Order Prior to Verdict is provided,

Or can you please share any citation of any authority or case law which provides as stated by you on  Modification of Bail Order Prior to Verdict.

Please help if possible.

Thanks & Regards



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