JUDGMENT - M.F. SALDANHA, J.:---Issues of some interest as also of considerable importance arise in this criminal application, which are summarized as follows :---

a) Whether it is open to an accused to pray for variation of the essential conditions on which he has been released on bail, after the bail order has been availed of by him and a considerable period of time has elapsed.

b) Whether the principles analogous to res judicata would be applicable in a cases where certain conditions of a bail order passed by a subordinate Court have not been challenged before the High Court and only certain other parts of that order were appealed against and, consequently, whether the original order can thereafter be regarded as the subsisting order of the trial Court and consequently verified by the Sessions Court at the instance of the applicant.

c) In a case where an accused had exercised an option of furnishing cash bail and desires to thereafter change over to the security of a surety, whether the Customs Authorities are within their right in objecting to the refund of the cash amount pending the trial.

d) Whether the bail order once passed by the High Court ought to be modified at a point of

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