RAJESH H. SHUKLA, J. The present application has been filed by the applicant for grant of regular bail under Sec. 439 of the Code of Criminal Procedure after the charge-sheet is filed.

2. The applicant-accused is charged with having committed offences under Sees. 365, 368, 302, 201 and 120B of I.P.C. for which F.I.R., being R.C. B.S.l./S/20 10/0004, has been registered with C.B.I., Mumbai (Criminal Case No.5 of 2010 before the learned Magistrate).

3. Learned Sr. Counsel Mr. Ram Jethmalani appearing with learned Sr. Counsel Mr. N. D. Nanavati with learned Advocate Mr. Kunan Naik for the applicant submitted that the applicant had preferred Misc. Criminal Application No. 137 of 2010 before the Special Judge (C.B.I.) at Mirzapur, Ahmedabad which came to be rejected. Learned Sr. Counsel Mr. Ram 1ethmalani submitted that it only displayed the lack of judicial balance and the learned Special Judge has not considered the material placed on record and has made observations which are not supported by any material and evidence, and therefore, the present application has been filed.

4. Learned Sr. Counsel Mr. Ram 1ethmalani has referred to the chargesheet and submitted that, as it transpires from the charge-sheet, the case relates to conspiracy with regard to Sohrabuddin fake encounter by the Gujarat Police as well as the Andhra Pradesh Police. He submitted that as it is stated in the brief facts of the case in the charge-sheet itself, the investigation revealed that during the year 2004, the criminal gang of Sohrabuddin had become very active in the areas of Rajsamand, Nathdwara, Sukher and Udaipur districts of Rajasthan. The said areas are known for marble mining and trade. Learned Sr. Counsel Mr. Ram Jethmalani further emphasised referring to the fact that, as stated in the charge-sheet, Sohrabuddin gang was one group of gang and as it is further stated, one Hamid Lala was very active in this area and protection was provided to the marble traders in return for money. Therefore, Sohrabuddin gang wanted to take all the share of protection money by getting rid of Hamid Lala gang. Sohrabuddin gang realized that their image had taken a beating and they have to posture actively and in a more aggressive and violent manner to regain their lost image and create fear among the marble traders.

5. Learned Sr. Counsel Mr. Ram Jethmalani submitted that this is the background in which the alleged conspiracy is said to have taken place between the Gujarat and Rajasthan police to eliminate Sohrabuddin, which led to filing of the present case.

6. The present applicant accused is the ex-Home Minister of the State (A-16) arraigned for the alleged conspiracy which is not borne out from any material and evidence. Learned Sr. Counsel Mr. Ram Jethmalani strenuously submitted that it is no less than a figment of imagination and fiction story created and concocted by the respondent-C.B.I. for ultimate political motive.

7. Learned Sr. Counsel Mr. Ram Jethmalani submitted that, initial1y, the investigation was made by the Gujarat Police under the supervision of the Hon'ble Apex Court and the Government itself has accepted that it was a fake encounter and reported before the Court. However, the investigation came to be transferred to the C.B. I. for the reason that the Gujarat Police was not able to identify the seven personnel of the police force of Andhra Pradesh State when Sohrabuddin and his wife were accompanied by seven police personnel of Andhra Pradesh Police. He emphasised that, though, as it is stated, admittedly, Sohrabuddin and his wife were accompanied in a Tata Sumo jeep by the personnel of the Andhra Pradesh Police as well as Gujarat Police, there is no investigation made in that regard with regard to involvement of the police personnel of Andhra Pradesh because the State is ruled by the Congress-led Government.

8. Learned Sr. Counsel Mr. Ram Jethmalani submitted that even after the order was passed, and til1 the charge-sheet is filed by the C.B.I.