JUDGMENT

Aftab Alam, J.

1. Leave granted.

2. This order deals with an appeal and a transfer petition filed by the Central Bureau of Investigation (the CBI). The appeal (arising from SLP (Criminal) No.9003 of 2010) is directed against the order dated October 29, 2010 passed by the Gujarat High Court in Criminal Miscellaneous No.12240/2010 granting bail to Amitbhai Anil Chandra Shah (respondent no.1 in this appeal and accused No.16 in the transfer petition) in case No.RC BS1/S/2010/0004 (Criminal Case No.5 of 2010) (“the Sohrabuddin case”), who until his arrest in the case was the minister of State for Home in the State of Gujarat. In the transfer petition, a prayer is made to transfer the Sohrabuddin case outside the State of Gujarat for trial. Both the appeal and the transfer petition are the result of the developments following the orders passed by the Court in Writ Petition (Criminal) No.6 of 2007 Rubabbuddin Sheikh v. State of Gujarat & Others, seeking a direction for the investigation of the case concerning the killing of Sohrabuddin and the disappearance of his wife, Kausarbi by the CBI. In order to put the two issues in context, therefore, it is necessary to slightly go back