The magistrate commenting on the need for the officers to do their “homework.” Fifteen minutes later, the prosecution returned with a handwritten note labeled as additional remand, which was accepted.
![[Son of Shiv Sena Leader's BMW Crash] | "Do Homework": Court to Mumbai Cops Over Fumble on New BNS Provisions](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/07/image-10-3.png?resize=640%2C480&ssl=1)
Mumbai: On Monday (8th July): A Mumbai court granted bail to Shiv Sena leader Rajesh Shah in connection with a hit-and-run case where his son, Mihir, is the prime suspect. Earlier, the court had remanded Shah to 14 days in judicial custody and his driver to one day in police custody. Shah was subsequently granted bail on a temporary cash bond of Rs 15,000.
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The accident occurred at 5:30 AM on Sunday when a speeding car, allegedly driven by Mihir Shah, collided with a two-wheeler, resulting in the death of one of the riders. Mihir Shah fled the scene, leaving the car and driver Rajendra Singh Bidawat behind.
Consequently, a woman died in Mumbai’s Worli area when her two-wheeler was struck by a BMW allegedly driven by Mihir Shah, the son of Shiv Sena leader Rajesh Shah, who is associated with CM Eknath Shinde. Rajesh Shah and their family driver, Rajrishi Bidawat, were returning home from a drive at Marine Drive when the incident occurred.
The Mumbai police faced a challenging situation on Monday as they dealt with the application of the new Bharatiya Nyaya Sanhita (BNS) in the high-profile BMW hit-and-run case, one of the first incidents to fall under this law, which replaces the old Indian Penal Code from the British era.
Rajesh Shah, Mihir Shah, and Rajrishi Bidawat faced charges under several provisions of the BNS, including section 105 (culpable homicide not amounting to murder) and section 238 (destruction of evidence).
During Rajesh Shah’s remand hearing, Chief Metropolitan Magistrate SP Bhosale questioned the investigating officer about the application of section 105. When the officers struggled to respond, the magistrate handed them a copy of the BNS and advised them to review the pertinent section. The court took a five-minute recess to allow the prosecution to gather their thoughts.
Despite this brief break, the police were still unable to provide a satisfactory explanation.
The magistrate then adjourned the court again, commenting on the need for the officers to do their “homework.” Fifteen minutes later, the prosecution returned with a handwritten note labeled as additional remand, which was accepted.
Rajesh Shah was remanded in 14-day judicial custody, and Bidawat was sent to one-day police custody. However, the court later observed that BNS section 105 (culpable homicide not amounting to murder) did not apply to Rajesh Shah, as he was neither driving the car nor present at the scene. Consequently, Rajesh Shah was granted bail.
Rajesh Shah and Bidawat were arrested later in the evening for failing to cooperate with the police investigation into Mihir Shah.
Mumbai Police have formed six teams to locate Mihir Shah, who has been evading arrest for over 24 hours.
A case has been registered under the Bharatiya Nyaya Sanhita (BNS) for culpable homicide not amounting to murder, rash driving, and destruction of evidence, among other charges. Provisions of the Motor Vehicles Act have also been invoked.
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