Ratanlal C. Bafna Goseva Anusandhan ... vs The State Of Maharashtra And Another
2025 Latest Caselaw 3828 Bom

Bombay High Court

Ratanlal C. Bafna Goseva Anusandhan ... vs The State Of Maharashtra And Another on 22 August, 2025

                                                                 CRWP 1215 25.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                CRIMINAL WRIT PETITION NO. 1215 OF 2025

     RATANLAL C. BAFNA GOSEVA ANUSANDHAN KENDRA THROUGH
       AUTHORIZED REPRESENTATIVE ABHAYCHANDRASHEKHAR
                         PASHUPATHINATH SINGH
                                 VERSUS
            THE STATE OF MAHARASHTRA AND ANOTHER
                                    ...
             Advocate for Petitioner : Mr. Shrimant Mundhe
              A.P.P. for Respondent No. 1 : Mr. B.A. Shinde
                     CORAM              : SHAILESH P. BRAHME, J.

DATE : 22.08.2025

PER COURT :

Leave is granted to correct the prayer clause.

2. Heard learned counsel Mr. Mundhe.

2. The petitioner-Trust has filed present petition challenging distinct judgment and order dated 19.08.2025, passed in Criminal Revision Application No. 12/2025 and 14/2025, rejecting both the revisions. It's a matter of custody of 18 camels, which are presently seized of by the petitioner. They are holding custody of camels since 01.06.2025. Offence bearing F.I.R. No. 173/2025 was registered on 01.06.2025. Thereafter four distinct applications were submitted for custody of the camels and two vehicles. Those applications were commonly decided by order dated 16.07.2025. The petitioner's application bearing Misc. Appln. No. 78/2025 was rejected. Other applications were allowed including Criminal Misc. Application No. 66/2025 and 67/2025, granting custody of camels to respondent no. 2 on certain conditions. The common order was challenged by the petitioner before the Revisional Court, unsuccessfully.

CRWP 1215 25.odt

3. It is pointed out by the learned counsel Mr. Mundhe that before the Trial Court and Appellate Court, the petitioner showed its readiness to transport the camels to a trust namely Mahaveer Camel Sanctuary. The learned counsel has placed on record a copy of affidavit, which was placed on record before the Courts below to indicate that alternatively the camels could have been transported to the Trust rendering services for the welfare of animals including the camels. The impugned judgments do not show consideration of this plea.

4. Issue notice to the respondents, returnable on 19.09.2025. The learned A.G.P. waives service for respondent no. 1.

5. There shall be ad interim stay to the operation and execution of the order dated 16.07.2025 passed by the Judicial Magistrate First Class Chopda in Criminal Misc. Application No 66/2025, 67/2025, 68/2025 to the extent of camels only, on condition that the petitioner shall take every care of the camels and submit undertaking to the Trial Court that it shall take appropriate care of the camels and produce the camels as and when required by the Court.

6. Parties to act on authenticated copy of this order.

( SHAILESH P. BRAHME, J.)

mkd/-