..(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.)