ORDER : No order need be passed on the application for impleadment. 2. Heard counsel for the petitioner; Mr. Vivek Tankha, learned Additional Solicitor General appearing for the C.B.I.; Mr. Tushar Mehta, learned Additional Advocate General for the State of Gujarat and Mr. Pallav Shishodia, learned senior advocate appearing on behalf of D.G. Vanzara, accused no.1, in the case. 3. The petitioner is in custody in connection with the fake encounter case of Sohrabbudin Sheikh and the killing of his wife Kausarbi. 4. He is in jail for about three years and ten months. 5. It is to be noted that in the charge-sheet submitted by the C.I.D.(Crime), the petitioner was not named as one of the accused but was cited as one of the prosecution witnesses. After submission of the charge-sheet, one of the accused filed a petition before the Magistrate in seisin of the case, demanding that the petitioner should also be arrayed amongst the accused. On that petition, the Magistrate made a reference to the High Court and on the basis of the order passed by the High Court, the petitioner has been included in the list of the accused in that case. 6. After submission of the charge-sheet by the CID(Crime), the investigation of the case was handed over to the CBI by an order passed by this Court. The CBI has submitted further charge-sheet in the case and according to the CBI also, the petitioner does not figure as an accused in the case. 7. In paragraph 11 of the counter affidavit filed in this case on behalf of the CBI it is stated as follows:- 11. ...that as far as the present Petitioner is concerned no evidence has come forth during the course of investigation indicating their complicity in the commission of crime against Shri Ajay Bhagwandas Parmar (A-10), Shri Santram Sharma (A-11) and Shri Vijaykumar Arjunbhai Rathod (A-14) the Petitioner herein. All the three did not have any meeting of mind in the execution of the present crime. Moreover according to the Respondent No.1 CBI, Shri Ajay Bhagwandas Parmar (A-10), Shri Santram Sharma (A-11) and Shri Vijaykumar Arjunbhai Rathod (A-14) are important witnesses in the instance (sic) case. Accordingly the CBI in its charge sheet has requested for discharge of the present Petitioner along with Accused 10 and 11 which is still pending." 8. Mr. Moreover according to the Respondent No.1 CBI, Shri Ajay Bhagwandas Parmar (A-10), Shri Santram Sharma (A-11) and Shri Vijaykumar Arjunbhai Rathod (A-14) are important witnesses in the instance (sic) case. Accordingly the CBI in its charge sheet has requested for discharge of the present Petitioner along with Accused 10 and 11 which is still pending." 8. Mr. Mehta, learned Additional Advocate General for the State of Gujarat, explained the circumstances in which the petitioner was made an accused in the case. In this application there is no occasion for the Court to make any comment on the order by which the petitioner is made one of the accused in the case. Suffice to say, we are satisfied that the petitioner deserves to be released on bail. We, accordingly, direct the petitioner to be released on bail on furnishing bail bond of Rs. 30,000/- with two sureties of the like amount each to the satisfaction of the Trial Court. 9. The special leave petition is disposed of.