1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 1657 of 2008 Sandip Murlidhar Lagu & anr. ...Petitioner v/s. The State of Maharashtra & anr. ...Respondents Shri Rishi Bhuta, Advocate for the petitioner. Ms. M.H. Mhatre, APP for the State. CORAM:- A.M.KHANWILKAR, J DATED:- November 09, 2009. P.C. Heard Counsel for the parties. 2. Rule. Rule made returnable forthwith by consent. Heard finally, by consent. Ms. Mhatre waives notice for the State. 3. This Writ Petition in substance takes exception to the order passed by the Assistant Sessions Judge, Greater Bombay dated 7th January, 2008 in Misc. Application No. 625/2007. The Petitioner-original accused no.1 applied for discharge by way of said application. The Court below has rejected the said 2 application for reasons recorded in the said order. The same can be discerned from Paragraph 10-13 of the impugned Judgment. 4. However, even on careful consideration of the discussion in the impugned Judgment, there is hardly any evidence referred to by the Lower Court which would indicate complicity of the Petitioner-accused no.1 in the commission of alleged offence. The discussion, however, revolves around the recovery of vehicle from possession of accused no.2. The fact that accused no. 2 is the friend of the Petitioner-accused no.1 by itself does not indicate the involvement of the Petitioner in the commission of the offence. At this stage of the proceedings, even Learned APP in all fairness submits that the appropriate course is to relegate the parties before the trial Court for re-consideration of discharge application afresh on its own merits instead of considering the entire material for the first time before this Court. According to Learned APP, there is sufficient material to indicate the complicity of the Petitioner herein as well but that has not been specifically adverted to in the impugned Judgment. 5. In the circumstances, this Petition succeeds. The impugned Judgment and order is set aside. Instead, the application for discharge filed by the Petitioner being Misc. Application No. 625/2007 is restored to the file of the concerned 3 Sessions Judge to be considered afresh on its own merits in accordance with law uninfluenced by the observations made in the Impugned Judgment or for that matter in the present order. All questions are left open. Petition disposed of accordingly. (A.M.KHANWILKAR, J)