Disposed

Sk. Herak Mahammad v. State of Odisha

Orissa HC21 Jul 2026CRLREV/446/2026

Case brief

AI extract

What is this about?

Criminal revision against an order fixing cash security of Rs.8,63,000 for interim release of a vehicle seized for unauthorisedly carrying cattle. The High Court did not disturb the amount or conditions but modified payment: Rs.2,63,000 to be deposited upfront for vehicle release, balance of Rs.6,00,000 in six monthly instalments of Rs.1,00,000, first due three months after release; default entails recall of interim release. Deposits to be handed to Dhyan Foundation holding the animals in Zima; DLSA directed to monitor animal welfare under the 2017 Rules.

What the court decided

AI extract

Sk. Herak Mahammad Vs State of Odisha — Bail and Remand | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLREV No.446 of 2026

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In the matter of an application under Section 442 read with Section 438 of BNSS, 2023.

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Sk. Herak Mahammad …. Petitioner

-versus-

State of Orissa

…. Opposite Party

For Petitioner : Mr. B. Jalli, Advocate

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For Opposite Party : Ms. B.L. Tripathy, ASC

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CORAM:

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JUSTICE V. NARASINGH

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DATE OF HEARING & ORDER : 21.07.2026

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V. Narasingh, J.

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I.A. No.717 of 2026

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

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This I.A. has been filed for condonation of delay.

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Taking into account the submission and the recitals in the I.A., the delay in filing of the CRLREV is condoned.

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Page 1 of 5

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CRLREV No.446 of 2026

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Accordingly, the I.A. stands disposed of.

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(V. NARASINGH) Judge

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CRLREV No.446 of 2026

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

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This Criminal Revision has been filed assailing the order dated 26.02.2026 passed by the learned S.D.J.M., Rairangpur in CMC No.34 of 2026 arising out of C.T. Case No.882 of 2025 in connection with Bisoi P.S. Case No.134 of 2025, whereby the prayer of the Petitioner under Section 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) was allowed subject to furnishing of cash security of Rs.8,63,000/- (Rupees Eight Lakh Sixty Three Thousand).

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It is urged by the learned counsel for the Petitioner that the cash security as fixed is unreasonably high and in fact amounts to negation of the order.

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The Petitioner was cited as an accused in Bisoi P.S. Case No.134 of 2025 (C.T. Case No.882 of 2025) on the file of learned S.D.J.M., Rairangpur for commission of offence under Sections 303(2)/ 325/

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Page 2 of 5

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CRLREV No.446 of 2026

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3(5) of BNS read with Section 11(1)(d)(e)(f) of Prevention of Cruelty to Animal Act, 1960 (hereinafter referred to as “Act, 1960”), read with Section 7 of the Orissa Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as “Act, 1955”).

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On perusal of the record and the order, it is seen that the vehicle of the Petitioner was seized on the allegation of unauthorizedly carrying 25 numbers of cattle. It is apt to note that post seizure, it came to light that 5 cattle died due to injury and so far as the rest 20 cattle are concerned, they were given in Zima of Dhyan Foundation, Chakulia, Dist-East Singhbhum, Jharkhand.

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In fixing the quantum of maintenance, learned Court in seisin has taken note of the minimum rate prescribed for cost of care and maintenance of cattle by the Animal Welfare Board under the provisions of the Act, 1960.

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Referring to the same, learned counsel for the State submits that there is no infirmity in the order passed, so as to warrant interference.

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Learned counsel for the Petitioner submits that directing the Petitioner to pay the entire amount before release of the vehicle would cost him hardship. Hence, the terms of the payment may be considerably modified.

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CRLREV No.446 of 2026

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Considering such prayer, while not interfering with the amount fixed and the conditions imposed for release of the vehicle, the payment of the cash security is modified to the extent that upfront the Petitioner shall deposit Rs.2,63,000/(Rupees Two Lakh Sixty Three Thousand) and on such deposit, the vehicle in question shall be released.

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And, balance of Rs.6,00,000/- (Rupees Six Lakh) shall be deposited in six equal monthly instalments of Rs.1,00,000/- (Rupees One Lakh) each.

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First of such instalment shall fall due after three months from the date of release. The timeline for payment of monthly instalment shall be fixed by the learned Court in seisin.

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In the event of default of any of the instalments, the order for interim release of the vehicle shall stand re-called without any further reference to the Court and learned Court in seisin shall proceed in accordance with law.

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The amount of Rs.2,63,000/- (Rupees Two Lakh Sixty Three Thousand) and the further amount, if any, deposited shall be handed over to Dhyan Foundation, Chakulia, Dist-East Singhbhum,

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Page 4 of 5

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CRLREV No.446 of 2026

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Jharkhand to whom the animals have been given in Zima.

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The learned Court in seisin is called upon to ensure that “Zimadar” takes steps in accordance with the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 (hereinafter referred to as “Rules, 2017”) for the welfare of the cattle and also to ensure their proper identification.

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Concerned DLSA shall periodically visit the place where the animals are kept and a report, preferably once every two months be submitted to the learned Court in seisin regarding their well-being in the light of the Rules, 2017.

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In the event any violation is noticed under the Rules, 2017, the prosecution shall take necessary corrective measures. 13. The Criminal Revision is accordingly disposed of.

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(V. NARASINGH) Judge

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Orissa High Court, Cuttack, Dated the 21^st July, 2026/Ayesha Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 24-Jul-2026 19:19:26

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Page 5 of 5

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CRLREV No.446 of 2026

Sk. Herak Mahammad v. State of Odisha

Case brief

What is this about?

What the court decided

Sk. Herak Mahammad v. State of Odisha

Case brief

What is this about?

What the court decided

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