The Bombay High Court on Monday refused to release Mihir Shah, the main accused in a BMW hit-and-run case, on ‘illegal’ arrest grounds. Shah, the 24-year-old son of a former Shiv Sena leader, and his driver Rajrishi Bidawat had filed petitions in the HC claiming they had been illegally detained and sought immediate release
Mihir Shah, the accused who is believed to have been under the influence of alcohol (right) the BMW on the premises of the Worli police station on July 9. Pic/Shadab Khan
The Bombay High Court on Monday refused to release Mihir Shah, the main accused in a BMW hit-and-run case, on ‘illegal’ arrest grounds. Shah, the 24-year-old son of a former Shiv Sena leader, and his driver Rajrishi Bidawat had filed petitions in the HC claiming they had been illegally detained and sought immediate release.
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Shah was arrested on July 9, two days after he allegedly rammed his BMW car into a two-wheeler in Worli, 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, was arrested on the day of the incident. As per their pleas, the police had not informed them of the grounds of their arrest at the time, which they claimed was in violation of the law. “Both the petitions are dismissed,” the court said.
The duo sought their release, claiming any further detention would be in utter violation of the constitutional mandate and a failure to comply with Section 50 of the Code of Criminal Procedure. Under this section, the police, while arresting a person, have to communicate to him/her full particulars of the offence for which he/she is being arrested or other grounds for such arrest.
Both Shah and Bidawat are presently in judicial custody. In their habeas corpus (produce the person) petitions filed in the HC in August, Shah and Bidawat claimed their detention was illegal and sought that they be released immediately. Shah is accused of speeding off towards the Bandra Worli Sea Link after the accident, even as the woman remained on the bonnet of the car and then got entangled in its wheels, for a distance of more than 1.5 km.
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