1 mpt FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4539 of 2009 Devendra V. Shettiyar .. Applicant Vs. State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.S.V. Kotwal i/b Mr.S.S. Bhandary for the applicant. Mr.A.S. Gadkari A.P.P. for the State. CORAM : D.G. KARNIK, J DATE : 27TH JANUARY 2010. P.C. : 1. Heard. 2. Learned counsel for the applicant submits that the quantity of charas found in the sample was less than the commercial quantity and therefore the applicant can be granted bail. This submission was also made before the 2 Sessions Court. At that time, the percentage report was not available. Hence, while rejecting the application, the Sessions Court observed - “However prosecution is directed to obtain report from CA about percentage of Charas found in the sample.” 3. Learned counsel for the applicant submits that the report has since been received, which would show that the quantity of charas, taking into consideration the percentage, would be less than the commercial quantity. In view of this, learned counsel for the applicant seeks leave to withdraw the application with liberty to move the Sessions Court again on the ground that the quantity of charas was less than the commercial quantity. 4. Leave granted. The application is disposed of as withdrawn with liberty as above. 3 If such an application is made before the Sessions Court, it shall consider the same on its own merits. (D.G. KARNIK, J.)