Thane Court Orders Return of Rescued Labrador Bira to Caregiver Dr Sheetal Agnihotri

The Thane Sessions Court on Wednesday ordered that a rescued female Labrador named Bira be returned to her caregiver, Dr. Sheetal Agnihotri, who had originally saved the dog from abandonment near an ATM in Kalyan.

Additional Sessions Judge Vasudha Bhosale set aside a trial Magistrate's order that had previously denied custody to the rescuer due to a lack of conventional ownership documents. The court established that such documents are not required to determine the custody of rescued animals.

In a 16-page judgment, the court observed that a rescued stray animal cannot be expected to have conventional ownership documents like a sale deed. Instead, Judge Bhosale held that courts must examine factors such as continuity of custody, expenditure on treatment, and vaccination records.

The dispute began after Dr. Agnihotri rescued Bira in October 2021. The dog was suffering from a severe skin infection, and Dr. Agnihotri spent nearly Rs 1.20 lakh on her treatment, vaccinations, and foster care.

In April 2023, Dr. Agnihotri posted an adoption appeal on Facebook. Asha Sule responded to the post and agreed to take Bira on a 15-day trial adoption, after which the adoption was to be finalised only if Dr. Agnihotri was satisfied with the dog's welfare.

However, Dr. Agnihotri alleged that Sule refused to return Bira after the trial period, leading to the registration of a police case for criminal breach of trust and criminal intimidation.

While a trial Magistrate had rejected Dr. Agnihotri's plea for custody, the Sessions Court found that the Magistrate had erred. Judge Bhosale noted that Sule had allegedly admitted the dog was only handed over for a 15-day trial.

The court directed Asha Sule and Shashank Sule to hand over Bira to Dr. Agnihotri within two weeks with police assistance. The court clarified that the order relates only to interim custody and will not affect the pending criminal investigation.