Sanjeev Lembert vs The State Of Madhya Pradesh
- Neutral2025:MPHC-JBP:67972
Ratio decidendi
The rule this decision rests on
Where a member of a hospital's governing board is directly involved in the appointment of medical personnel and in decisions regarding registration of medical facilities, that board member bears administrative responsibility to verify the qualifications and experience of appointed personnel, notwithstanding that the board member may themselves have been misled about the appointee's credentials. Such responsibility cannot be disclaimed on the ground that the appointee alone is being prosecuted for resulting harm, as vicarious liability in criminal law attaches to those with administrative authority over such decisions. Where a hospital authority uses the name of a doctor in registration documents without established consent from that doctor, and that fact remains disputed and under investigation (including by handwriting expert analysis), no inference at the stage of bail application can be drawn in favour of the hospital authorities, and the matter must await trial. A member of a governing board of a hospital who was involved in circumventing an outsourcing agency's verification procedures by directly appointing medical staff, thereby depriving the hospital of the third-party verification safeguards contractually required, cannot secure anticipatory bail where other board members remain absconding and the administrative responsibility for personnel verification rested with the board.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1 MCRC-45828-2025 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA ON THE 15th OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 45828 of 2025 SANJEEV LEMBERT Versus THE STATE OF MADHYA PRADESH Appearance: Shri Anil Khare - Senior Advocate with Shri Priyank Agrawal -
Advocate for the applicant. Shri Prashant Singh - Advocate General with Shri Brahmadatt Singh - Dy. Advocate General for the State.
ORDER
This is the second application filed by the applicants under Section 482 of Bharatiya Nagarik Suraksha Sanhita , 2023/Section 438 of Cr.P.C., 1973 seeking anticipatory bail in connection with Crime No.245 of 2025 registered at Police Station - Kotwali, District - Damoh for the offence punishable under Sections 318(4), 336(2), 340(2), 105 and 3(5) of the BNS
and Section 12 Madhya Pradesh Upcharyagriha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973.
2. Applicant's first bail application i.e. M.Cr.C. No.20410/2025 was dismissed as withdrawn vide order dated 30.05.2025.
3. Learned senior counsel for the applicant has submitted that as per the FIR, there are two allegations, one regarding registration of Cath Lab by
Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 16-12-2025 19:10:58 NEUTRAL CITATION NO. 2025:MPHC-JBP:67972
2 MCRC-45828-2025 using the forged documents and suppressing the facts and another regarding due to not providing proper treatment, some patients died and as per Annexure A-16, Crime No.225/2025 has been registered against Dr. Narendra John Kem and he is not the accused in the instant case pending before this Court and the principle of vicarious liability under the criminal law is not applicable except specifically provided by that law.
4. Learned senior counsel for the applicant has further argued that as per Annexure A-7, the official statement of Atomic Energy Regulatory Board (AERB) on regulatory control path radiation safety in the use of medical diagnostic X-Ray Equipment in the country. AERB is the controlling authority for registration of Cath Lab. Application to AERB for licence for operation of medical diagnostic X-Ray Equipment was submitted
on 09.03.2023 by Ram Pandey, Administrator of the Mission Hospital, Damoh and no application was filed by this applicant and licence was issued as per Ex.A-9 on 20.03.2023. There is no such unique Lab or new facility in the Hospital, it was only a machine for which installation, previous approval of the authority was required and the Competent Authority (AERB), after verification from the third party, issued the certificate to the Hospital. Dr. Akhilesh Dubey was appointed in the Mission Hospital. He was given the payment of Rs.3,09,804/-. Dr. Akhilesh Dubey has treated the patients and list of 16 patients whose names and details are provided in Ex.A-12. Dr. Akhilesh Dubey has much recognized the services of being provided by the Institute. Now, Dr. Akhilesh Dubey has taken the "U" turn and denied that he was connected with the Hospital Authorities. Outsourcing Agency,
Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 16-12-2025 19:10:58 NEUTRAL CITATION NO. 2025:MPHC-JBP:67972
3 MCRC-45828-2025 SCHNELL which was the third party for registration of the Cath Lab, has sent the mail to Dr. Akhilesh Dubey and he had provided his details, mobile number and the OTP was sent in his mobile that was requisite for registration, Dr. Akhilesh Dubey verified the registration through OTP, now, he had denied. There is chain of the documents in which the qualification of the doctor and Class-X mark-sheet, his registration, degree and batch number have been annexed as Annexure-A/14.
5. There is a dispute regarding Integrated Work Force Unique Solutions Private Limited (IWFUSPL) as per Annexure-A/18, the Hospital Authorities had made a complaint to the Police Station that Dr. Narendra John Kem was appointed through the Outsourcing Agency and as per that Agency, he was bound to verify educational qualifications, degree of the doctors whom they would have appointed in the Mission Hospital, Damoh but doctor left the hospital without any intimation.
6. Learned senior counsel has further submitted that the offence under Sections 8 & 8(a) of Madhya Pradesh Upcharyagriha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973, the punishment is the fine and not of any incarceration.
7. The second limb of the argument is that Dr. Narendra John Kem, who being prosecuted for the offence punishable culpable homicide not amounting to murder, is not the accused in this case. In that circumstances, in the criminal law, the vicarious liability cannot be fasten on the hospital or management board of the hospital and on that, learned senior counsel for the
applicant has submitted that no offence was committed by this applicant. He
Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 16-12-2025 19:10:58 NEUTRAL CITATION NO. 2025:MPHC-JBP:67972
4 MCRC-45828-2025 has further submitted that he is being harassed by the police authorities, hence, the applicant be enlarged on anticipatory bail.
8. Learned Advocate General for the State has submitted that the applicant is the members of the Board/Management of the Hospital and was responsible for day to day business of the hospital and to get the affiliation/recognition for Aayushman Bharat Niramay Project, applicant and other members have used the forged documents of Dr. Akhilesh Dubey without his consent and in the guise of lab, they have shown that they have Heart Care Department and they recruited directly Dr. Narendra John Kem bypassing Integrated Workforce Unite Solution Private Limited to avoid the payment to that institute and they have not verified the fact whether Dr. Narendra John Kam is having the requisite qualification or not. Unqualified and untrained doctors treated the patients and seven patients died. He has further argued that as per the report submitted by the specialists on the death of the patients, there is no direct liability has been fastened on Hospital Authorities or Dr. Narendra John Kem. In these circumstances, the applicant is not entitled to be enlarged on bail.
9. I have heard the learned counsel for the parties and perused the record.
10. From the case diary, it is clear that Dr. Akhilesh Dubey was visiting the Hospital and used to treat the patients but he has not given any declaration to the Hospital Authorities and this matter is also pending that the signature on the declaration form and the hand writing of Dr. Akhilesh Dubey, sent to Hand Writing Expert but at this stage, Dr. Akhilesh Dubey in
Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 16-12-2025 19:10:58 NEUTRAL CITATION NO. 2025:MPHC-JBP:67972
5 MCRC-45828-2025 his statement has denied that he was any how involved in the registration of Cath Lab. The members of the Society and Hospital Management cannot be said that they are the same. It is also clear from the case diary that by registration of the Cath Lab, they wanted to show that the Hospital provides the facilities of Cardiologist and full fledged hospital where Angioplasty and Angiography facilities are available for recognition/registration under Aayushman Bharat Niramay Project.
11. It is observed that no doubt, it was the duty of authorities, who were given the power to inspect, visit and then, verified before the registration under that scheme but has not done their work properly as required by the law but it is also worth mentioned that who is the faculty and who is the doctor provided by the Hospita Authorities but the name of Dr. Akhilesh Dubey was used and this fact is the matter of the trial whether the Dr. Akhilesh Dubey has given any consent for that or not ? But at this stage, he has denied, hence, no inference can be drawn in favour of the hospital authorities.
12. Furthermore, the appointment of Dr. Narendra John Kem is concerned, as per the record, and the disclosure memo of the co-accused, it is clear that bypassing the Outsourcing Agency, IWFUSPL, the Hospital Authorities, particularly this applicant was directly involved in the appointment of Dr. Narendra John Kem. It is correct that this applicant himself was not aware of the fact that Dr. Narendra John Kem was having no degree or experience and they themselves were cheated but it was the duty of the administration/administrative authorities of the hospital whether the
Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 16-12-2025 19:10:58 NEUTRAL CITATION NO. 2025:MPHC-JBP:67972
6 MCRC-45828-2025 person being appointed by them is having requisite qualifications or sufficient experience.
13. Furthermore, it is also clear that this applicant was the member of Governing Board of the Hospital and other members of Governing Board of the Hospital are absconding, hence, without commenting anything on the merits of the case, this second bail application filed by the applicant stands dismissed.
(DEVNARAYAN MISHRA) JUDGE
DPS
Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 16-12-2025 19:10:58
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