CENTRAL BUREAU OF INVESTIGATION versus AMITBHAI ANIL CHANDRA SHAH AND ANOTHER

Citation: [2012] 8 S.C.R. 945 · Decided: 27-09-2012 · Supreme Court of India · Bench: AFTAB ALAM · Disposal: Dismissed
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Judgment (excerpt)

[2012] 8 S.C.R. 945 
CENTRAL BUREAU OF INVESTIGATION 
v. 
AMITBHAI ANIL CHANDRA SHAH AND ANOTHER 
(Criminal Appeal No.1503 of 2012) 
SEPTEMBER 27, 2012 
[AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.] 
A 
B 
Code of Criminal Procedure, 1973 -
s.406 -
Sohrabuddin Sheikh killing case - Allegation that the killing 
was orchestrated by senior officers in the Gujarat police and C 
at the behest of Amitbhai Shah, the then Home Minister in 
the State of Gujarat - Criminal proceedings against Amitbhai 
Shah - Central Bureau of Investigation (CBI) directed to 
investigate the case - Plea of CBI before Supreme Court for 
cancellation of the bail earlier granted to Amitbhai Shah by D 
the Gujarat High Court and for transfer of the Sohrabuddin 
case for trial outside Gujarat on the ground that Amitbhai Shah 
was in a position to greatly jeopardize the efforts of the CBI 
to bring home the charges against him - Held: Bail granted 
to Amitbhai Shah by the Gujarat High Court not cancelled on 
E 
ground that it would deprive Amitbhai Shah of the privilege 
granted to him by the High Court two years ago - However, 
Amitbhai Shah to give an undertaking in writing to the trial 
court that he would not commit any breach of the conditions 
of the bail bond and would not try to influence any witnesses 
F 
or tamper with the prosecution evidence in any manner -
Amitbhai Shah further directed to report to the CBI office every 
alternate Saturday - Further, taking into account the manner 
in which the Sohrabuddin case has proceeded before the 
Court, and in order to preserve the integrity of the trial, strong 
G 
case made out for transferring the trial of the case outside the 
State - Decision to transfer the case not a reflection on the 
State judiciary but intended to save the trial court in the State 
from undue stress and to avoid any possible misgivings in 
945 
H 
946 
SUPREME COURT REPORTS 
[2012] 8 S.C.R. 
A the minds of the ordinary people about the case getting a fair 
trial in the State - Sohrabuddin case accordingly transferred 
to Mumbai -, Bail - Cancellation of 
Code of Criminal Procedure, 1973 - s.406 - Transfer of 
B trial -
Some broad factors to be kept in mind while 
considering an application for transfer of trial - Re-stated. 
The instant appeal and the transfer petition were the 
result of the developments following the orders passed 
by the Supreme Court in Writ Petition (Criminal) No.6 of 
C 2007 (Rubabbuddin Sheikh v. State of Gujarat & Others) 
seeking direction for investigation of the case 
concerning the killing of Sohrabuddin Sheikh· an 
underworld criminal, allegedly in a staged encounter 
orchestrated by senior officers in the Gujarat police and 
D at the behest of Amitbhai Shah (the then Minister of State 
for Home in the State of Gujarat) and the disappearance 
of his wife, Kausarbi by the Central Bureau of 
Investigation (CBI). This Court by order dated January 12, 
2000 passed in the aforesaid writ petition had directed the 
E CBI to investigate the Sohrabuddin case. 
The appeal was filed by CBI against the order passed 
by the Gujarat High Court in Criminal Miscellaneous 
No.1224012010 granting bail to Amitbhai Anil Chandra 
Shah in the Sohrabuddin case while in the connected 
F transfer petition, a prayer was made to transfer the 
Sohrabuddin case outside the State of Gujarat for trial. 
It was submitted by the CBI that Amitbhai Shah was 
part of the larger conspiracy to kill Sohrabuddin and, later 
G on, his wife and finally Tulsiram Prajapati, as he was a 
witness to the abduction of Sohrabuddin and his wife by 
the police party; that taking advantage of his position as 
the Minister, he constantly obstructed proper 
investigation into ·the killings of Sohrabuddin and 
H Kausarbi even when the matter came to the notice of this 
CENTRAL BUREAU OF INVESTIGATION v. AMITBHAI 947 
ANIL CHANDRA SHAH 
Court and this Court issued directions for a thorough 
A 
investigation into their killings; that he was in a position 
to place his henchmen, top ranking policemen at 
positions where they could sub-serve and safeguard his 
interests; and that his release on bail and permission to 
freely stay in Gujarat would greatly jeopardize the efforts 
B 
of the CBI to bring home the charges against him. It was 
further submitted by the CBI that apart from Amitbhai 
Shah, some of the other accused in the case were senior 
police officers with great clout and resourcefulness and 
they were fully capable of subverting a fair t
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