Bombay HC denies bail to Worli BMW Hit-and-Run accused, claim ‘illegal arrest’

Last updated:Nov 25, 2024 1:37 PM IST

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

Main accused Mihir Shah had 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 suspect in a BMW collision case, on grounds of “illegal” arrest.

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

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

His driver Bidawat, who was also present in the car at the time of the accident, was arrested on the day of the incident.

According to their arguments, the police had not informed them at the time about the reasons for their arrest, which they said was against the law.

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

“Both requests are rejected,” the court said.

The duo sought their release claiming that further detention would violate the constitutional mandate and violate Article 50 of the Code of Criminal Procedure.

Under this section, the police, while arresting a person, must inform him/her of full particulars of the offense for which he/she is arrested or of other reasons for such arrest.

Both Shah and Bidawat are currently in judicial custody.

In their habeas corpus (make the person) petitions filed in the HC in August, Shah and Bidawat alleged that their detention was illegal and sought their immediate release.

Shah in his plea sought quashing of the orders passed by a local court, placing him first in police custody and then in judicial custody.

He also wanted his arrest to be declared illegal.

Shah is accused of speeding towards the Bandra Worli Sea Link after the accident, even as the woman remained seated on the bonnet of the car and subsequently became entangled in the wheels, for a distance of over 1.5 kilometres.

According to police, Shah, who fled the scene, was under the influence of alcohol at the time.

Mihir Shah’s father and former Shiv Sena leader Rajesh Shah had also been arrested in the case but was later granted bail.

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