A Division Bench of the Supreme Court recently, while setting aside the judgment of the Madhya Pradesh High Court, held that Section 362 of the Code of Criminal Procedure, 1973, which prohibits modification of a judgment or final order, will not be applicable in an order for refusal of bail. The rationale given by the Court was that such an order has the characteristics of an interlocutory order. Thus, any variation of the circumstances under which the bail was rejected will entitle the accused to file a fresh application for bail, and the prohibition under Section 362 will not be applicable. Similarly, the Court opined that conditions of bail could also be varied if a case is made out for such variation.