( 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