1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPEAL NO. 1362 OF 2008 Abdul Mannan Abdul Sattar Tanwar @ Shaikh ..Appellant Vs. The State of Maharashtra and ors. ..Respondents Mr. J.A. Udaipuri for appellant. Mrs. M.M. Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ. August 20, 2009. P.C. We have heard Mr. Udaipuri the learned counsel for the appellant and Mrs.Deshmukh, the learned APP for State. This appeal is directed against the order dated 8/2/2008 passed by the learned Special Judge under M.C.O.C. Act at Thane thereby rejecting the application at Exh. 23 filed in Special Case (M.C.O.C. Act) No. 13 of 2006 for discharge. Obviously the application was filed under Section 227 of the Cr.P.C., after the charge-sheet was filed. The learned Special Judge noted that there was a prima facie triable case made out against the appellant and merely because there was some variance between the F.I.R. and the story propounded by the complainant, cannot be a reason to discharge the appellant without undergoing the trial. The Competent Authority also had granted sanction against the appellant under the M.C.O.C. Act, 1999 and prima facie there was 2 some link shown by the Investigating Agency regarding the intimacy of the appellant with the main accused. The appellant is, as of now, on bail. We have gone through the documents produced before us and we have also considered the arguments advanced before us at length and it cannot be said that there is absolutely no material for trial against the appellant and, therefore, no fault could be found with the order impugned. Hence, the appeal is dismissed. Trial is expedited. (SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)