((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.208 OF 2009 Vishwas Keshav Gharat Applicant versus The State of Maharashtra Respondent R.D.Suryawanshi for applicant. R.M.Nakhawa, APP for the State. CORAM : A.S.OKA, J. DATE : 22nd April 2009 PC : 1. Rule. Learned APP waives service. Taken up forthwith for final disposal at the stage of admission. 2. The applicant is being prosecuted for the offence punishable under sections 147, 148, 149, 323, 326, 504, 506, 302 of Indian Penal Code. The applicant made an application for discharge before the Sessions Court. The application for discharge has been rejected by the impugned order dated 30th January 2009. A perusal of the impugned order shows that the application for discharge has been rejected without considering the merits of the case and without adverting to the statements of the prosecution witnesses and other material on record. The application for discharge has been ((-2-)) disposed of in most unsatisfactory manner by the learned Additional Sessions Judge. Instead of keeping this revision application pending in this Court, it is desirable that the learned Additional Sessions Judge should hear and decide the application in accordance with law. 3. Hence, I pass following order :- (a) The impugned order is quashed and set aside and the application for discharge made by the applicant is restored; (b) The learned Additional Sessions Court will decide the said application afresh in accordance with law; (c) The application shall be decided within a period of six months from the date of production of an authenticated copy of this order duly issued by the Registry; (d) All contentions on merits are kept open; (e) The revision application is disposed of in the above terms. ((-3-)) (A.S.OKA, J.)