Marati Suresh Goud Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Marati Suresh Goud Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Revision disposed of by permitting the Petitioner to pay the Rs.27,61,500/- directed by the learned Court in seisin in instalments: Rs.2,61,500/- upfront and Rs.25,00,000/- in twenty five equal monthly instalments of Rs.1,00,000/- each (first instalment due two months after release), the instalment amounts to be secured by postdated cheques; vehicle Bharat Benz No.TG-08-U-0742 to be released on such deposit and submission of cheques; deposits to be disbursed to the Treasurer, Madan Mohan Goshala, Dengausta per the impugned order's modalities; liberty to Prosecution if any cheque is dishonoured; other cattle-maintenance/welfare directions of the impugned order left undisturbed.

Issue for consideration

Whether the Petitioner may be permitted to deposit the amount of Rs.27,61,500/- directed by the learned Court in seisin in instalments (rather than lump sum) for release of the seized vehicle. +1 more

Court's answer

The Court permitted payment in instalments: the Petitioner shall deposit Rs.2,61,500/- upfront and the balance of Rs.25,00,000/- in twenty five equal monthly instalments of Rs.1,00,000/- each towards the Rs.27,61,500/- directed by the learned Court in seisin.

Ratio / Principle

The first of the monthly instalments shall fall due after two months of release of the vehicle in question.

Key takeaways

To allay the State's flight-risk apprehension, the balance of Rs.25,00,000/- in twenty five monthly instalments shall be in the form of postdated cheques to be submitted by the Petitioner.ratio¶23
On deposit of Rs.2,61,500/- upfront and submission of the postdated cheques towards the instalments, the vehicle in question shall be released.ratio¶24
Liberty is granted to the Prosecution to take action in accordance with law in the event any of the cheques gets dishonoured on presentation for encashment.

Detailed headnote1 paragraphs

Criminal Revision (CRLREV No.314 of 2026, High Court of Orissa at Cuttack, V. Narasingh, J., 23.06.2026) against the J.M.F.C., R. Udayagiri's order dated 05.02.2026 in MC No.37 of 2025 (passed under S. 503 BNSS, with reference to S. 35 of the PCA Act, 1960 and Rule 5(5) of the PCA (Care and Maintenance of Case Property Animals) Rules, 2017) directing release of a seized Bharat Benz (Regn. No.TG-08-U-0742) carrying 56 illegally transported cattle (one died) on payment of Rs.27,61,500/- and an indemnity bond of Rs.19,59,746/- (IDV). The Petitioner sought to pay the Rs.27,61,500/- in instalments; the State objected on flight-risk grounds. The Court permitted an upfront deposit of Rs.2,61,500/- with the balance Rs.25,00,000/- in twenty five monthly instalments of Rs.1,00,000/- each (first due two months after release), secured by postdated cheques, with liberty to the Prosecution on dishonour; the vehicle to be released on such deposit, monies disbursed to the Treasurer, Madan Mohan Goshala, Dengausta, and all other cattle-maintenance/welfare stipulations of the impugned order left untouched. Revision disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.314 of 2026

Marati Suresh Goud

Petitioner

Mr. B. Jalli, Advocate

-versus-

State of Odisha

…. Opposite Parties

Mr. S. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH ORDER

23.06.2026

Order No.

05 .

Heard learned counsel for the Petitioner and learned counsel for the State.

Assailing the order dated 05.02.2026 in MC No.37 of 2025 passed by the learned J.M.F.C., R. Udayagiri, Dist-Gajapati in exercise of power under Section 503 of BNSS and directing release of the seized vehicle Bharat Benz bearing registration No.TG-08-U-0742, in which there was alleged illegal transportation of 56 cattle (out of which unfortunately one has died), on payment of Rs.27,61,500/- in the light of the provisions as contained in terms of Section 35 of the Prevention of Cruelty to Animals Act, 1960 read with Rule 5(5) of the PCA (Care and Maintenance of Case Property Animals) Rules, 2017 and execution of an indemnity bond of Rs.19,59,746/- (as per the IDV), the present Revision has been preferred.

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Learned counsel for the Petitioner files an affidavit, copy of which has been served on the learned counsel for the State.

The counsel for the Petitioner confines his prayer to permit him to deposit the amount as directed by the learned Court in seisin to the tune of Rs.27,61,500/- in instalments and it is submitted that to prove his bonafides, the Petitioner shall deposit Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand) upfront and the balance in instalments.

3-A. Learned counsel for the State has no serious objection to the same but he flags the issue of the Petitioner being a flight risk since he ordinarily does not reside within the territorial jurisdiction of the learned Court in seisin.

To facilitate the calculation of instalments, it is directed that the Petitioner shall deposit a sum of Rs.2,61,500/- (Rupees Two Lakh Sixty One Thousand Five Hundred) upfront and the balance of Rs.25,00,000/- (Rupees Twenty Five Lakh) shall be deposited in twenty five equal monthly instalments of Rs.1,00,000/- (Rupees One Lakh) each.

The first of such instalments shall fall due after two months of release of the vehicle in question.

To allay the legitimate apprehension as expressed by the learned counsel for the State, it is further directed that the balance amount of Rs.25,00,000/- (Rupees Twenty Five Lakh) in twenty

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five monthly instalments as directed above shall be in the form of postdated cheques to be submitted by the Petitioner.

On deposit of Rs.2,61,500/- (Rupees Two Lakh Sixty One Thousand Five Hundred) and the postdated cheques towards instalments as above, the vehicle in question shall be released.

Liberty is granted to the Prosecution to take action in accordance with law in the event any of the cheques get dishonored on the date when they are presented for encashment.

The amount of Rs.2,61,500/deposited upfront and the further amount towards instalment shall be released/disbursed in favour of the Treasurer, Madan Mohan Goshala, Dengausta upon the modalities as fixed by the impugned order.

It is needless to state that this Court has not interfered with other directions/stipulations relating to cattle maintenance and welfare in addition to the ones relating to the vehicle, as stated in the impugned order.

Accordingly, the CRLREV stands disposed of. UCC be granted in course of the day.

Signature Not Verified

(V. Narasingh) Judge

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 23-Jun-2026 19:54:18 Ayesha

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