Mumbai: The Bombay High Court on Wednesday directed the State government to reply to the petition filed by Mihir Shah, the main accused in Worli’s BMW hit-and-run case, and his driver Rajrishi Bidawat, alleging that they have been illegally detained. The 24-year-old, who is the son of Shinde Sena leader Rajesh Shah, sought immediate release. He contended that his further detention was in violation of the law as he was not informed about the grounds of arrest before taking him in custody.
About The Worli Hit-And-Run Case
On July 7, Shah allegedly rammed his BMW car into a two-wheeler in Mumbai's Worli area, killing Kaveri Nakhwa, 45, 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 same day, whereas Shah was arrested two days later. At present, both are in judicial custody.
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Shah and Bidawat filed the habeas corpus (produce the person) petition last week contending their his detention was illegal and that they must be released immediately.
Bench Of Justices Direct Police To File Its Reply Affidavit
On Wednesday, a bench of Justices Bharati Dangre and Manjusha Deshpande directed the police to file its reply affidavit and kept the matter for hearing on August 29.
The plea contends that his further detention was in violation of the law as he was not informed about the grounds of arrest before taking him into custody. It adds that the police did not comply with Section 50 of the Code of Criminal Procedure which mandates that the police must communicate to the person, who is being taken in custody, the full particulars of the offence for which he or she is being arrested or other grounds for such arrest.
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Shah has sought quashing of the orders passed by a local court remanding him to first police custody and then judicial custody. He has sought for his arrest to be declared illegal.
What Is Mihir Shah Accused Of?
Shah (24) is accused of speeding off towards 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 kilometres. Shah fled from the scene and was allegedly under the influence of alcohol at the time, as per police.
His father Rajesh Shah was arrested in the case, who was later released on bail.
