Supreme Court Stays Arrest Of CRPF Personnel Accused Of Using Forged Medical Certificate To Join Armed Forces

In a plea for the grant of anticipatory bail preferred by a CRPF personnel against whom an investigation has been pending for ten years, the Supreme Court granted interim protection to the personnel and stayed his arrest.

The allegation against the Petitioner/Personnel is about using a forged medical certificate to enter in service of the Armed Forces. However, later he was discharged from the Armed Forces and joined the Central Reserve Police Force. The investigation into the matter has been pending since year 2014 and the petitioner has not been arrested.

Earlier, the petitioner moved the Jharkhand High Court for the grant of an anticipatory bail but the relief was denied by the High Court considering the fact that the allegation levied against the petitioner was of a serious nature and his custody may be required for interrogation.

Assailing the High Court's decision, the Petitioner/Personnel approached the Supreme Court.

The Counsel for the Petitioner submitted that the Petitioner be given the privileges of anticipatory bail as the allegations against the Petitioner are false as he is not named in the FIR and is ready and willing to cooperate with the investigation of the case.

Considering the fact that the matter was still under investigation for the last about 10 years, the Vacation bench comprising Justices Rajesh Bindal and Prasanna B Varale issued notice to the Respondent/State and provided interim relief to the petitioner from arrest.

“However, after the petitioner joins investigation and in case any material is found against him, this Court will consider as to whether the interim protection granted to the petitioner is to be confirmed”, the court said.

Case Title: KUNDAN KUMAR VERSUS STATE OF JHARKHAND

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