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Madhya Pradesh High Court
Frank Harrison vs The State Of Madhya Pradesh on 24 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:15654
1 MCRC-4390-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 24 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4390 of 2026
FRANK HARRISON
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Jai Shukla - Advocate for the applicant.
Shri B.D. Singh - Dy. Advocate General for the State.
ORDER
This is the first bail application filed by the applicant under Section 483 of
Bharatiya Nagarik Suraksha Sanhita , 2023/ 439 of Code of Criminal Procedure
for grant of regular bail relating to FIR/Crime No.245/2025 registered at Police
Station - Kotwali, District - Damoh (M.P.) for the offence punishable under
Sections 318(4), 336(2), 340(2), 105 and 3(5) of BNS and Section 12 of the M.P.
Upcharyagriha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha
Anugyapan) Adhiniyam, 1973 and the Rules of 1997 and Amended Rules of
2021. The applicant is in custody since 26.12.2025.
2. Learned counsel for the applicant has submitted that the applicant was the
member of the Christian Medical and Training Center, Damoh but he was not
involved in the management of the Missions Hospital particularly for starting the
Cath Lab. Learned counsel for the applicant has further argued that other similarly
situated accused persons have been granted the bail by this Court. The applicant is
in custody since 26.12.2025. The applicant is an old age person and trial will take
time to be concluded, hence, the applicant is entitled to be released on bail.
NEUTRAL CITATION NO. 2026:MPHC-JBP:15654
2 MCRC-4390-2026
3. Learned counsel for the State has opposed the bail application and has
submitted that the applicant was from very beginning, the member of Christian
Medical and Training Center as well as was in the management of the hospital.
Learned counsel for the State has further submitted that in the Society
Registration, there is clear name of this applicant and this fact finds place in the
case diary as well as document annexed by the applicant itself in IA
No.3787/2026 and running the Cath Lab was a policy decision and as per
prosecution case Dr. Akhilesh Dubey had never given the documents and by using
his name and documents, whereas his consent was not taken and without his
knowledge, they registered the Cath Lab in the hospital showing Dr. Akhilesh
Dubey as Cardiologist and also registered the hospital in the Scheme of Indian
Government, Ayushman Bharat and forged appointment letter was issued by using
the name of Akhilesh Dubey, further, Dr. Narendra John Kem was appointed and
active partition of this applicant was found. The case of this applicant does not fall
within the purview of parity with the other accused persons as they were not the
member of the Society, therefore, no case of bail is made out, hence, the applicant
is not entitled to be released on bail.
4. Heard the parties and perused the case diary.
5. It is clear that the applicant was the member of the Society which was
running the Mission Hospital, Damoh and the Cath Lab was registered by using
the name of Dr. Akhilesh Dubey and appointment of Dr. Narendra John Kem was
made by passing the appointing agency but looking to the Section 9 of the M.P.
Upcharyagriha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha
Anugyapan) Adhiniyam, 1973 and the analogous provision of Section 141 of
Negotiable Act, only being the member of the Society, the applicant cannot be
NEUTRAL CITATION NO. 2026:MPHC-JBP:15654
3 MCRC-4390-2026
held liable until it shows that he was directly involved in the day to day
management and he has applied for the registration of the Cath Lab and within his
knowledge the name of Dr. Akhilesh Dubey was used, coupled with the fact that
trial will take time to be concluded, this Court deems it appropriate to enlarge the
applicant on bail, therefore, without commenting anything on the merits of the
case, this bail application is allowed.
6. It is directed that the applicant shall be released on bail on his furnishing
personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one
surety in the like amount to the satisfaction of the trial Court concerned for his
appearance before the said Court on all such dates as may be fixed by that Court in
this regard during the pendency of trial.
7. It is further directed that the applicant shall comply with the provisions of
Section 480(3) of BNSS.
8. It is directed that the applicant shall not repeat the offence of same nature
in further, otherwise, this bail shall automatically cease its effect.
9. Accordingly, Misc. Criminal Case stands disposed of.
C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
DPS
