1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1448 OF 2008 IN CRIMINAL APPEAL NO. 1350 OF 2008 Sanjay Sakharam Devrukhkar ...Applicant Vs. State of Maharashtra ...Respondent Shri Subhash Zha for the Applicant. Mrs. U.V.Kejariwal, APP for the State. CORAM : BILAL NAZKI & F.M.REIS, JJ DATED : 30th MARCH, 2009. P.C. This is a bail application filed on behalf of the accused for grant of bail, pending appeal. The Applicant has been convicted under Section 302 read with section 120-B of the I.P.C. and sentenced to life imprisonment. It is contended by the learned Counsel for the Applicant that one of the original accused whose application for grant of pardon was rejected but later on it was accepted on the basis of his testimony the accused is convicted. We have seen that the Trial Court has found that the evidence of P.W. No.1- Santosh Parab who was an approver was corroborated by other testimony and therefore the Applicant had been convicted. 2. We do not find a case for grant of bail at this stage. However, it 2 may be made clear that whether the approver's evidence could have been taken as admissible or not or conviction could be placed on his evidence or not will be a matter which will have to be decided at the time of the trial. 3. The Counsel for the Applicant further contends that the Applicant has recently undergone a operation for Hernia, therefore, he should be bailed. Hernia is not such a serious health problem on the basis of which the Applicant could be granted Bail. The Application, is accordingly dismissed. (F.M.REIS, J.) (BILAL NAZKI, J.)