VIRENDRA SARAN, J, J. ( 1 ) HEARD learned counsel for the applicant and learned slate of Counsel. Applicant Sunil Kumar Verma sb Khakhanu Prasad Verma, resident C. K. 63/213 Chhoti Pipari, P. S. Was in Mewa, Chowk, Varanasi has filed this revision against order dated 22. 9. 93. passed by V. K. Srivastava, VIII Metropolitan Magistrate, Kanpur Nagar in Crime No. 326 of 1993, P. S. G. R. P. Kanpur, u/s 406 /412 I. P. C. By the above mentioned order learned VIII Metropolitan Magistrate,kanpur Nagar has rejected the application of the applicant for release of sum of Rs. 1,00,000/- inhis favour. ( 2 ) IT appears that the applicant lodged an F. I. R. at P. S. G. R. P. Kanpur on 16. 7. 1993 at 2. 15 P. M. against one Subhash Chandra Gupta with the allegations that on 10-7-1993 Subhash Chandra Gupta had taken away this amount belonging to the applicant, kept in brief case in the course of journey at Kanpur Central Railway Station. Sub hash Chandra was arrested and a sum of Rs. 1,00,000/- as recovered Subhash Chandra Gupta applied for bail and he was released on bail by the order dated 22. 7. 93 of the in charge Sessions Judge, Kanpur Nagar. A copy of the order of the in charge sessions Judge, Kanpur Nagar is annexed as Annexure - 3 to the affidavit filed in support of the revision. A perusal of the order goes to show that the stand taken by the accused was that the amount given to him for being kept becomes the police was making checking. It thus appears that the accused is not claiming this money. ( 3 ) THE state has filed a counter affidavit of Sohan Lal, Sub Inspector, P. S. G. R. P. , Kanpur Central. The only objection taken in the counter affidavit is that certain slips are there pasted on the bundles of the currency notes on which there are some identification marks and in case the money is returned to the applicant these valuable evidence will disappear and the return of the amountwill weaken the prosecution once. ( 4 ) SINCE there is no other claimant of this money a balance has to be struck preserving the interest of the prosecution and of the applicant. ( 4 ) SINCE there is no other claimant of this money a balance has to be struck preserving the interest of the prosecution and of the applicant. It is, therefore, desirable that the first and the last currency notes of each the bundles along with the chits pasted on it be preserved in court and returned during the pendency of the trial. The rest of the currency notes can be returned to the applicant on furnishing security by way of bank guarantee. ( 5 ) IN the result, the revision is allowed. The order dated 22. 9. 93, passed by VIII Metropolitan Magistrate, Kanpur Nagar, mentioned above, is set aside. It is directed that on production of a certified copy of this order the learned Magistrate shall summon the Officer within one week from the date of production of the certified copy of the order before him and in presence of the Investing Officer, the bundles of the currency notes shall be out in such a manner that slips on the first and last currency notes are preserved. A list of such currency notes, bearing the identification slips, shall be prepared and the same shall be placed in sealed cover and retained on the record and shall be opened with the permission of the trial Magistrate when necessity arisen. Rest of the currency notes shall be counted and shall be returned to the applicant on his furnishing Bank guarantee in respect of the total amount returned to him and after taking an under taking from the applicant that if ultimately the court directs return of the currency notes to some one other than applicant the applicant shall deposit the amount in court within three weeks of the service of such final orders of the case on the applicant. ( 6 ) A certified copy of the order shall be issued to the learned counsel for the applicant on payment of usual charges within 24 hours. Revision allowed. .