IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL REFERENCE NO. 4 OF 2005 CRIMINAL REFERENCE NO. 4 OF 2005 CRIMINAL REFERENCE NO. 4 OF 2005 V.K. Shewale, 4th Ad-hoc Addl. District] Judge & Asstt.Judge, Ahmednagar. ] .. Petitioner Versus Sayyad Mustak Ahmed S. Rajasahab ] .. Respondent Mr. A.R. Patil, APP, for the respondent. Respondent absent. CORAM: S.B. MHASE & SMT.V.K. TAHILRAMANI, JJ. DATED: 13TH FEBRUARY, 2008 P.C. : 1. Heard. 2. The contemnor is absent. However, the contemnor has filed an Affidavit on 8th February, 2008, duly sworn before the Assistant Registrar, High Court, Appellate Side, Mumbai, and has stated that at the time of the alleged contempt, he was not a lawyer. The statements which were alleged to have been made by the contemnor are, according to the contemnor, emotional outburst as an ordinary person. He further states that now, as a lawyer, he has due respect for the judiciary : 2 : and he has tendered unconditional apology. 3. What we find is that in the family litigation of the petitioner when the petitioner was not a lawyer he made certain statements as an ordinary litigant probably in view of the discussion amongst the litigants and his family members without realising the importance and especially the contemptuous value of those statements. Since he has tendered unconditional apology, we accept his unconditional apology and we observe that henceforth as a lawyer he will observe restraint and will not outburst in such a manner and will maintain proper dignity of the court. 4. The Reference is, accordingly, disposed of. Sd/- Sd/- [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]