1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.2188 OF 2009 CRIMINAL APPLICATION NO.2190 OF 2009 CRIMINAL APPLICATION NO.2192 OF 2009 M/s.Power Infotech Limited and others ...Applicants (in all applications) vs. State of Maharashtra and another ...Respondents (in all applications) Mr.O.P.Soni & Co. for the petitioners Mr.Y.M.Nakhawa, A.P.P for State M/s.Sanjay Udeshi & Co. for the respondent no.2 CORAM :A.S.OKA,J. DATE : JULY 3, 2009 P.C. 1 The learned counsel for the applicant seeks permission to withdraw these applications with liberty to file an application for discharge. The learned counsel for the second respondent-complainant states that in view of the settled law, application for discharge is not maintainable. 2 The learned counsel for the applicant submitted that the second applicant in this application is 84 years old and as such he may be granted exemption. The learned counsel for the second respondent states that by order dated 8th April 2008 passed by this court the said prayer has been rejected. 3 Hence, I pass the following order : i) Applications are dismissed as withdrawn. ii)If any application is made by the applicant for 2 discharge, the same will be decided by the trial court in accordance with law. iii)The trial court will also consider the objections raised by the second respondent to the maintainability of the said application. iv)This order shall not be construed to mean that this court has come to the conclusion that the application for discharge which may be filed by the applicant is maintainable. v) As far as prayer for grant of exemption is concerned, by a reasoned order dated 8th April 2008 this court has rejected the said prayer. In the event of any change in circumstances which has taken place after 8th April 2008, it is for the said applicant to apply to the trial court for grant of exemption. The trial court will consider such application in accordance with law. JUDGE