((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.889 OF 2008 Shantabai Shankar Gamre Petitioner (Rajan Shankar Gamre Detenu) versus The State of Maharashtra & anr. Respondents Mr.Khan Abdul Wahab for petitioner. Mr.S.R.Borulkar, P.P. with Mrs.S.D.Shinde, APP for State. Mr.A.P.Mundargi, Sr.Adv. for respondents 5,6 Mr.Pravin Singhal, Adv. for respondent no.4 CORAM : BILAL NAZKI AND A.A.KUMBHAKONI, JJ. DATE : 30th September 2008 PC : 1. Not on board. Upon mentioning taken on board. 2. We have heard this matter earlier and we have passed various orders and latest order was passed on 26th September 2008 releasing from custody the petitioner’s son. Prima facie, we were convinced that the petitioner’s son was kept in wrongful confinement for a long period by the Police but we felt that the matter could be resolved if the respondents, the concerned Police Officers, come out clean before the Court and offer some compensation to be paid to ((-2-)) the petitioner’s son. 3. Affidavits have been filed by the Police Officers in which the Police Officers have accepted the mistakes committed by them and have sought unconditional apology of this Court and have offered to pay compensation to the petitioner’s son. 4. The Courts are always reluctant to punish people but at the same time it cannot bypass its responsibility to ensure that the rule of law is maintained. In order to strike the balance, we accept the apology of the Police Officers but warn them that in future, if any such incident is brought to our notice, the consequences would be different and such officers would be dealt with in accordance with law. We hope this incident will make them better Police Officers in future and would be compassionate towards the interest of people and would act as friends of people rather than their prosecutors. 5. We had suggested a compensation of Rs.60,000/- (Rs.Sixty thousand only) which has been accepted by the learned counsel appearing ((-3-)) for these officers. The compensation shall be paid within a week from today by depositing the same with the Registrar (Judicial) of this Court. After the amount is so deposited, it shall be released by the Registrar (Judicial) to the petitioner’s son. 6. At one stage we had sent this matter for an enquiry by the learned Sessions Judge who, had come to the conclusion that the petitioner’s son was illegally confined. During such hearing some officers had suggested to the witnesses that allegations were being made against the Police Officers at the behest of the Advocate for petitioner. Such suggestions made against concerned Advocate are also being withdrawn by the officers and we hope even such allegations against Advocates would not be repeated in future. 7. Petition disposed off accordingly. (BILAL NAZKI, J.) (A.A.KUMBHAKONI, J.)