Bombay HC Rejects Bail to Worli BMW Hit-Run Convict, Downplays ‘Illegal Arrest’ Allegation

Last Update:25 November 2024 13:37 IST

Mihir Shah was arrested on July 9, two days after he allegedly crashed his BMW car into a two-wheeler in Mumbai’s Worli area, killing the 45-year-old woman.

The main accused, Mihir Shah, told police that he was behind the wheel when his BMW crashed into a couple’s scooter, killing a 45-year-old woman. (File Image)

The Bombay High Court on Monday refused to release Mihir Shah, the prime accused in the BMW hit-and-run case, on the grounds of “illegal” arrest.

Shah, the 24-year-old son of a former Shiv Sena leader, and his driver Rajrishi Bidawat had petitioned the HC alleging that they were detained illegally and sought immediate release.

Shah was arrested on July 9, two days after he allegedly crashed his BMW car into a two-wheeler in Mumbai’s Worli area, killing 45-year-old Kaveri Nakhwa and injuring her husband Pradeep.

The driver, Bidawat, who was in the vehicle at the time of the accident, was arrested on the day of the incident.

Upon their request, the police did not inform them at that time of the reason for the arrest, which they claimed was unlawful.

A division bench comprising Justices Bharati Dangre and Manjusha Deshpande dismissed the petitions on Monday.

“Both applications were rejected,” the court said.

The duo demanded their release, claiming that further detention would be completely contrary to the constitutional order and would not comply with Article 50 of the Code of Criminal Procedure.

According to this article, the police, when arresting a person, are obliged to inform him of all the details of the offense for which he is arrested or other grounds for such arrest.

Both Shah and Bidawat are currently in judicial custody.

In their habeas corpus petition filed with the HC in August, Shah and Bidawat claimed that their detention was illegal and demanded their immediate release.

In his defense, Shah requested the cancellation of the orders given by the local court, which placed him first under police custody and then under judicial custody.

He also wanted his arrest to be declared illegal.

Shah is accused of speeding towards Bandra Worli Sea Link after the accident, despite the woman remaining on the bonnet of the car and then getting entangled in the wheels for more than 1.5 kilometres.

According to the police, it was learned that Shah, who fled the scene, was drunk at the time.

Mihir Shah’s father and former Shiv Sena leader Rajesh Shah was also arrested in the case, but was later released on bail.

(This story has not been edited by News18 staff and is published from a syndicated news agency feed – PTI)