..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2235 OF 2008 1.Vikrambhai Pithubhai Choudhari, & 2.Jesinghbhai Keshaval Choudhari. ..Applicants. Versus State of Maharashtra. ..Respondent. .... Mr.Subhash Jha, Sr.Counsel for the applicants. Mr.V.B.Konde-Deshmukh, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 9th July, 2008. DATED : 9th July, 2008. DATED : 9th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicants and the learned APP for the State. 2. The applicants came to be granted bail in the sum of Rs.20,000/- each with one or two sureties to make up the said amount. The prayer of the applicants is that they be released on cash deposit for a temporary period. The learned APP has pointed out that the applicants are residents of Gujarat and the present case pertains to Gaondevi Police Station, Mumbai, hence he opposed the release on cash deposit. 3. The learned Counsel for the applicants has placed reliance on a decision of the Supreme Court ..(2).. in the case of Moti Ram and others vs. State of Moti Ram and others vs. State of Moti Ram and others vs. State of Madhya Pradesh Madhya Pradesh Madhya Pradesh reported in (1978) 4 Supreme Court (1978) 4 Supreme Court (1978) 4 Supreme Court Cases 47 Cases 47 Cases 47. He has placed reliance on the observations in paras-20 & 33 of the said judgment. Para-33 would not apply in the facts of the present case, as para-33 deals with the sureties from the same district. The same is not the case in the present case. As far as para-20 is concerned, I find no observations therein which make it mandatory for a Court to release the accused on cash deposit. Hence, this decision would be of no help to the applicants. The learned Counsel for the applicants also placed reliance on Sections 441 & 445 of Cr.P.C. in support of his contention that the applicants should be released on cash bail. On perusal of the said sections, I do not find anything in the said sections which states that it is mandatory for a Court to release the accused on cash bail. 4. Looking to the fact that the applicants are from Gujarat, it would not be safe to release them on cash bail. Hence, application for releasing the applicants on cash bail, is rejected. ..(3).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)