1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4073 OF 2009 Amit @ Pintya Gopal Ghule ........ Applicant versus The State of Maharashtra ........Respondent. Mr. C.D. Kunale adv. for the Applicant Mrs. P.P. Shinde APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 15th September,2009. P. C.: 1. According to the learned counsel for the applicant, the applicant was arrested on 8-4-2009 and charge sheet came to be filed on 9-7-2009 i.e. after expiry of a period of 90 days. Hence the applicant is entitled to be released as of right. In all fairness the learned counsel submits that in the application for bail moved before the Sessions Judge, this ground is not taken as the application was prepared prior to the expiry of 90 days. Perusal of the order as well reveals that the said issue has not been considered. In this view of the matter, the learned counsel for the applicant seeks permission to withdraw the present application with liberty to file fresh application before Sessions Judge with a view to press the point of non-filing of charge sheet within 90 2 days. Permission granted. Application is dismissed as withdrawn with liberty as prayed for. (A. P. Deshpande, J.)