AMRUTBHAI BHOLIDASBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner who is in judicial custody with reference to C.R.I-38 of 2000 registered with Sarkhej Police Station for the offences punishable under Section 302 read with Sections 34 and 201 of the Indian Penal Code as well as Section 25 (1) (c) of the Arms Act has filed this petition under Section 439 (1) read with Section 437 of the Code of Criminal Procedure, 1973 ('the Code' for short hereinafter) and prayed to enlarge him on bail on such terms and conditions as may be deemed just, fit and reasonable by this court. In the alternative, the petitioner has prayed to release him on temporary bail to enable him to take medical treatment for his heart ailment and other ailments including cancer of prostate.

(2.) From the averments made in the petition it become obvious that C.R.I-38 of 2000 is registered with Sarkhej Police Station pursuant to the FIR lodged by Smt. Artiben, widow of Arvindbhai Patel and daughter-in-law of the present petitioner. In the FIR it is stated that the deceased who was carrying on business as a builder was having land known as Shantivan Farmhouse situated in the sim of village Makarba. As he had 1/3rd share therein, on the day of incident i.e., February 20, 2000, the petitioner, with a view to usurp the share of deceased, quarrelled with him and murdered him by firing shot from his revolver. According to the complainant, over and above the petitioner, Virendrabhai Patel - who is the brother of the deceased and Dharmendrabhai Patel - who is brother-in-law of the deceased, had also picked up quarrel with the deceased regarding construction of wall and instigated the petitioner to commit murder of the deceased.

(3.) The petitioner has claimed that he had developed chest pain and uneasiness on the day of the incident and had taken treatment at Karnavati Hospital, Ahmedabad for some days from February 20, 2000. The petitioner has traced his medical history in great detail and claimed that he is suffering from acute coronary insufficiency. In support of the claim that he should be enlarged on regular or temporary bail for his heart ailment and other ailments the petitioner has produced certificates issued by Karnavati Hospitals Private Limited, Cardiovascular Division, Bridge Candy Hospital and Research Centre, Mumbai, U.N. Mehta Institute of Cardiology and Research Centre, Ahmedabad, Gujarat Research and Medical Institute (Rajasthan Hospital), Ahmedabad, etc.