Hello
Granting of bail on merits and on default are two different things. Court grants bail on merit by exercising Powers under section 437/439 crpc. Whereas the default bail can be granted on non filling of charge sheet within prescribed time.sec167(2) crpc
Looking to your querrie it seems that your bail application had been rejected on merits. If it is not then file it before appropriate court and it has nothing to do with 60 days or 90 days.
60 days or 90 days depends upon the quantum of punishment prescribed. In your case looking to punishment prescribed in section 409 the charge sheet had to be filed within 90 days and only in default to file it within time you are entitled for compulsory bail.
So bail on merits and in default operates in different sphere and please do not confuse yourself. Better not to wait for 90 days and go file application on merits before the appropriate court.
Regards
Manish