Today, On 25th November, The Bombay High Court dismissed a plea by the accused in the Worli hit-and-run case, challenging the legality of their arrest. A bench comprising Justice Bharati Dangre and Justice Manjusha Deshpande rejected the argument that the arrest was unlawful. The court upheld the validity of the arrest, ruling against the accused’s petition. This decision marks a key development in the ongoing case.
Mumbai: The Bombay High Court dismissed on Monday the petitions filed by Mihir Shah and his driver, Rajrishi Bindawat, challenging their arrests in connection with the BMW hit-and-run incident in Worli that resulted in the death of 45-year-old Kaveri Nakhwa last month.
A bench comprising Justice Bharati Dangre and Justice Manjusha Deshpande rejected the defendants’ claims that their arrests were unlawful.
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The incident occurred on July 7 when Shah, allegedly under the influence of alcohol, collided with a two-wheeler, killing Kaveri and injuring her husband, Pradeep. Kaveri’s body was dragged for more than 1.5 kilometers before the vehicle came to a stop. Shah fled the scene but was apprehended two days later.
At 24 years old, Shah is the son of Rajesh Shah, a Shiv Sena leader affiliated with Chief Minister Eknath Shinde. While Rajesh Shah was granted bail, both Mihir Shah and Bindawat remain in judicial custody.
The petitioners argued that the police did not provide adequate grounds for their arrests, as mandated by Section 50 of the Criminal Procedure Code (CrPC), and claimed their fundamental rights to personal liberty were violated due to unlawful detention. They requested the court to annul the remand orders and secure their immediate release.
The bench questioned whether it was necessary to inform the accused of the reasons for their arrest, considering they were apprehended “red-handed.” The court indicated that this case could serve as a “test case” for assessing whether informing the accused of the grounds for their arrest is required when the evidence clearly indicates their involvement.
Public prosecutor Hiten Venegaonkar opposed the petitions, stating that the accused were fully aware of the charges against them.
A hit-and-run case refers to an incident where a vehicle operator (driver) is involved in an accident, causing injury, death, or damage to property, and leaves the scene without identifying themselves or assisting the injured parties. Hit-and-run offenses are serious and carry significant legal consequences under the laws of most jurisdictions.
Under Section 161 of the Motor Vehicles Act, hit-and-run cases are addressed with provisions for compensation:
- Compensation for Victims:
- Rs. 25,000 for death.
- Rs.12,500 for grievous injury.
- Section 134 and 187:
- Obligations to provide medical aid and report accidents.
- Failure leads to imprisonment (up to 2 years), fines, or both.
he Bombay High Court’s decision highlights the importance of procedural compliance in arrest protocols, even in cases where the accused are apprehended at the scene of the crime.
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