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whereof would entail cancellation of the bail. At the time of granting bail, normally a condition is imposed and I would say that it is always desirous to impose such condition that in case of violation of breach of any condition imposed upon the accused at the time of granting the bail, his bail shall be liable to be cancelled and in such eventuality, prosecution should be granted liberty to approach the competent Court of law for cancellation of bail in accordance with law. It is not modification or review of the order but an order consequential to the previous order.

18. Normally at the time of granting/confirming the bail by the Sessions Court and/or High Court, a condition is imposed that it will be open to prosecution to apply for imposing any such other or further condition on petitioner as deems necessary in the facts and circumstances of the case and in the interest of .

justice and also that it shall also be open to trial Court to impose any other or further condition on petitioner as it may deem necessary in the interest of justice. For such condition, imposed at the time of granting the bail, the trial Court shall also be competent to impose any other or further condition on petitioner either suo moto or on request of prosecution including modification of condition on the application of accused in changed circumstances as deemed necessary in the interest of justice, as, in view of specific condition contained in order, such addition, modification or alteration in the condition by the trial Court shall be consequential extension of order passed by Court at the time of granting the bail. In present case, unfortunately, no such condition has been imposed by learned Sessions Judge.

To some extent, condition No.3 may be taken as a condition empowering the trial Court to consider the case of petitioner for permission to leave India, but, here also, it is not clear that 'Court' referred in the said condition means the Court granting the bail or also includes the trial Court. Therefore, the trial Court has rightly rejected the application filed by petitioner for alteration of condition imposed in order granting the bail to him.

19. Keeping in view the provisions of Section 362 Cr.P.C., it would be desirous that at the time of granting the bail, the .

Court should incorporate the condition in bail order itself empowering the same Court and the trial Court to impose any other or further condition or alter/modify the conditions already imposed on application of prosecution or the accused as deemed necessary by such Court for ends of justice. Though, it is inherent in order, however, by way of abundant caution, it may also be specifically incorporated in order granting the bail that such bail shall liable to be cancelled by the competent Court on breach/violation of any condition imposed upon accused at the time of granting the bail and prosecution should be granted liberty to approach the competent Court of law, in that eventuality, for cancellation of bail in accordance with law.