1 cri appln 27.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 27 OF 2011 IN CRIMINAL APPEAL NO. 01 OF 2011 Rahul Sakhahari Gadale .. Applicant Versus The State of Maharashtra .. Respondent Shri S. S. Thombre, Advocate for the Applicant. Shri S. G. Nandekar, A.P.P. for the Respondent/State. CORAM : S. S. SHINDE, J. DATE : 18TH JANUARY, 2010. PER COURT : . Heard learned counsel appearing for the applicant and learned Additional Public Prosecutor for the respondent/State. Upon perusal of the evidence made available for perusal, it appears that, the parents of the victim girl have not supported the prosecution case of demand of 10 tola gold. That apart, it appears that, the Trial Court has not considered the fact of dying declaration. Therefore, in my opinion, since the applicant/appellant was on bail during the pendency of Trial and 2 cri appln 27.11 he has not misused the bail. Therefore, this application for bail deserves to be allowed. 3. Hence applicant is directed to be released on same bail on fresh bond. The order of conviction dated 28.12.2010 passed by the Adhoc Additional Sessions Judge- 1, Ambajogai in Sessions Case No. 80/2009 stands suspended till the appeal is finally heard and disposed. The application stands disposed of. [S. S. SHINDE, J.] bsb/Jan. 11