Today, On 21st August, The High Court directed the police to respond to Mihir Shah’s petition challenging his arrest as “illegal” in connection with a BMW hit-and-run case. Shah is seeking release, claiming his detention lacks legal justification. The court’s order compels the authorities to justify the arrest, bringing the case under judicial scrutiny.
Mumbai: The Bombay High Court on Wednesday requested a response from the police regarding petitions filed by Mihir Shah, the primary accused in the BMW hit-and-run case, and his driver, Rajrishi Bidawat.
The petitions challenge their arrests as “illegal” and seek their immediate release.
Mihir Shah taken into custody on July 9, two days after he allegedly crashed his BMW into a two-wheeler in Mumbai’s Worli area, resulting in the death of 45-year-old Kaveri Nakhwa and injuring her husband, Pradeep. Rajrishi Bidawat, who was in the car with Shah at the time of the incident, was arrested on the same day as the accident.
Both Shah and Bidawat are currently held in judicial custody. In their habeas corpus petitions filed in the High Court last week, they argued that their detention was unlawful and called for their immediate release.
The pleas heard by a division bench consisting of Justices Bharati Dangre and Manjusha Deshpande on Wednesday, where the court sought a reply from the police regarding the legality of the arrests.
The Bombay High Court instructed the police to submit a reply affidavit and scheduled the next hearing for August 29 in connection with the petitions filed by Mihir Shah, the main accused in the BMW hit-and-run case, and his driver, Rajrishi Bidawat. Shah’s petition seeks to overturn the orders of a lower court that initially placed him in police custody, followed by judicial custody.
In his plea, Shah argued that his continued detention would violate constitutional rights and fail to comply with Section 50 of the Code of Criminal Procedure (CrPC). According to this section, the police are required to inform the arrested person of the full particulars of the offense or the grounds for the arrest.
Shah requested that his arrest be declared illegal and sought immediate release. The 24-year-old is accused of speeding away toward the Bandra-Worli Sea Link after a collision, during which the victim, Kaveri Nakhwa, was reportedly carried on the car’s bonnet and then became entangled in its wheels for over 1.5 kilometers.
Shah allegedly fled the scene and reportedly under the influence of alcohol at the time of the incident. Along with Shah, his father, former Eknath Shinde-led Shiv Sena leader Rajesh Shah, and their driver Rajrishi Bidawat were also arrested in connection with the case. While Rajesh Shah has been granted bail, Mihir Shah and Bidawat remain in judicial custody.