JUDGMENT : (Anil Kumar Choudhary, J.) : Heard the parties. 2. This Writ Petition (Cr.) has been filed under Article 226 of the Constitution of India with a prayer for issuance of appropriate writ/order/direction in the nature of certiorari to set aside the order dated 12.06.2023 passed by learned A.C.J.M., Chaibasa passed in Majhgaon P.S. Case No.17 of 2023 and the order dated 22.07.2023 by the learned Sessions Judge, West Singhbhum, Chaibasa in Criminal Revision No.27 of 2023 whereby and where under the learned Sessions Judge rejected the prayer of the petitioner for release of his own seized money of Rs.21,67,360/-. 3. The brief facts of the case is that the petitioner is the owner of the proprietorship firm namely Shree Ganesh Enterprises (Traders) of which the informant of Majhgaon P.S. Case No.17 of 2023 namely Yogendra Kamila was an employee. The said Majhgaon P.S. Case No.17 of 2023 was registered for the offence punishable under Section 392 of the Indian Penal Code. It is contended in the written report of the said Majhgaon P.S. Case No.17 of 2023 that the informant collected Rs.22,22,520/- on behalf of the petitioner and while he was travelling in a Scorpio vehicle with the said money robbery was committed. After lodging of the F.I.R., police recovered Rs.21,67,360/- out of the looted amount along with the GPS embedded bag in which the money was kept. 4. Learned counsel for the petitioner submits that the Scorpio vehicle, which was looted along with the cash, has since been recovered and has been released in favour of the son of the petitioner; in whose name the same stood registered. There is no allegation that the money recovered by the police in connection with the case amounting to Rs.21,67,360/- is out of the total looted amount of Rs.22,22,520/-. The petitioner has submitted the documents to show the details of the money collected from different shopkeepers on his behalf by the informant of the case namely Yogendra Kamila as the petitioner was a whole-seller of grocery items. It is next submitted by the learned counsel for the petitioner that police has submitted a report before the court that the petitioner is the owner of the said amount and in this respect, learned counsel for the petitioner files the certified copy of the report submitted by the Officer-in Charge of Majhgaon Police Station to the learned Additional Chief Judicial Magistrate, Chaibasa. 5. Let the said the certified copy of the report be kept in the record. 6. Learned counsel for the petitioner next submits that the rejection of the prayer for release of the seized looted amount belonging to the petitioner is against the mandate of the law as has been held by the Hon’ble Supreme Court of India in the case of Sunderbhai Ambalal Desai vs. State of Gujarat reported in (2002) 10 SCC 283. 7. Learned counsel for the petitioner next submits that perusal of the order dated 04.10.2023 reveals that the trial court directed the deposit of the seized amount in bank account or in other appropriate place to ensure the safety of cash and vide order dated 04.10.2023 a co-ordinate Bench of this Court directed that the orders of the trial court be complied with by the concerned police station within two days. It is lastly submitted that the order dated 12.06.2023 passed by learned A.C.J.M., Chaibasa in Majhgaon P.S. Case No.17 of 2023 and the order dated 22.07.2023 passed by the learned Sessions Judge, West Singhbhum, Chaibasa in Criminal Revision No.27 of 2023 be quashed and set aside and a writ of mandamus be issued by directing the I.O. of the case to release Rs.21,67,360/- in favour of the petitioner upon the petitioner making a proper Panchnama and the petitioner furnishing indemnity bond to deposit the said amount of Rs.21,67,360/- with two sureties with undertaking to deposit the same in the learned trial court; if and when the same is directed to be deposited by the learned trial court. 8. The learned counsel for the State on the other hand submits that the State as such has no objection for release of the said Rs.21,67,360/- in favour of the petitioner subject to the condition that the petitioner furnishes an indemnity bond with respect to the said amount with two sureties to the effect that if and when the trial court directs the petitioner to deposit the said amount, the petitioner will deposit the said amount in court. 9. Having heard the rival submissions made at the Bar and after carefully going through the materials in the record, it is pertinent to mention here that there no dispute that the seized money belongs to the petitioner which was looted from the employee of the petitioner namely Yogendra Kamila. 9. Having heard the rival submissions made at the Bar and after carefully going through the materials in the record, it is pertinent to mention here that there no dispute that the seized money belongs to the petitioner which was looted from the employee of the petitioner namely Yogendra Kamila. The learned A.C.J.M., Chaibasa in its order dated 12.06.2023 in connection with Majhgaon P.S. Case No.17 of 2023 has rejected the prayer for release of the said money on the ground that the receipts produced by the petitioner issued by different shop owners, was given in their regular business transaction and the same amount was given in cash though the said business transaction was to be done through cheque. The learned Sessions Judge, West Singhbhum at Chaibasa dismissed Criminal Revision No.27 of 2023 on the ground that except the report of the Officer-in Charge, no other document for valid transaction of huge amount has been brought on record in favour of the petitioner and it is the material piece of the evidence and is required at the time of trial. Hence, according to the learned Sessions Judge, West Singhbhum at Chaibasa, no illegality has been committed by the learned trial court in rejecting the prayer for release of the seized amount, hence, he has dismissed the Criminal Revision No.27 of 2023. 10. Now, coming to the facts of the case; the undisputed fact remains that on behalf of the petitioner, the informant- Yogendra Kamila collected Rs.22,22,520/- which was looted by the accused persons of the case from the informant- Yogendra Kamila along with the Scorpio vehicle and out of the same on the basis of G.P.S. tag attached to the bag, in which the money was kept, Rs.21,67,360/- has been recovered. The I.O. of the case has submitted a report in this respect to the learned A.C.J.M, Chaibasa; the certified copy of which has been filed by the learned counsel for the petitioner. There is no other claimants of the seized amount except the petitioner. The petitioner has produced documents to the effect as to from whom and how the total amount of money was collected. The I.O. has confirmed the same. The State has no objection for release of the amount in favour of the petitioner. There is no other claimants of the seized amount except the petitioner. The petitioner has produced documents to the effect as to from whom and how the total amount of money was collected. The I.O. has confirmed the same. The State has no objection for release of the amount in favour of the petitioner. Since the money has already been deposited in the bank account so there is no force in the reasoning given by the learned Sessions Judge that the seized money is the material piece of the evidence because once the money is deposited in the bank in regular course of business of the bank; as has been done in this case, certainly the denomination and the number of notes will not be the same, if the said amount of money is withdrawn from the bank, because the bank is at liberty to use their cash once it is deposited in the bank account for any other purpose of its choice. 11. Under such circumstances, this Court is of the considered view that the order dated 12.06.2023 passed by learned A.C.J.M., Chaibasa passed in Majhgaon P.S. Case No.17 of 2023 and the order dated 22.07.2023 passed by the learned Sessions Judge, West Singhbhum, Chaibasa in Criminal Revision No.27 of 2023 are not sustainable in law and the same are liable to be set aside. 12. Accordingly, issue a writ of certiorari quashing the order dated 12.06.2023 passed by learned A.C.J.M., Chaibasa passed in Majhgaon P.S. Case No.17 of 2023 and the order dated 22.07.2023 passed by the learned Sessions Judge, West Singhbhum, Chaibasa in Criminal Revision No.27 of 2023 and issue a writ of mandamus by directing the I.O. of Majhgaon P.S. Case No.17 of 2023 to release the amount of Rs.21,67,360/- by appropriate bank instruments by transferring the same to the bank account of the petitioner upon the petitioner furnishing an indemnity bond for Rs.21,67,360/- in the court of learned A.C.J.M. at Chaibasa with two solvent sureties, undertaking to the effect that he will deposit the amount of Rs.21,67,360/- in the court of learned A.C.J.M. at Chaibasa if and when the A.C.J.M. at Chaibasa or any other competent court directs the deposit of the said amount by the petitioner in the court concerned. 13. This writ petition is allowed in the above terms. 14. Order accordingly.