Bombay HC not to release Mihir in BMW hit-run case over 'illegal' arrest

The Bombay High Court on Monday refused to release Mihir Shah, the main accused in a BMW hit-and-run case, on the ground of "illegal" arrest.

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 have been illegally detained and sought immediate release.

Shah was arrested on July 9, two days after he allegedly rammed his BMW car into a two-wheeler in Mumbai's Worli area, 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 of the accident, was arrested on the day of the incident.

As per their pleas, the police had not informed them the grounds of their arrest at the time, which they claimed was in violation of the law.

A division bench of Justices Bharati Dangre and Manjusha Deshpande on Monday dismissed the petitions.

"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, in the plea, sought quashing of the orders passed by a local court remanding him first in police custody and then judicial custody.

He also sought for his arrest to be declared as illegal.

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 kilometres.

As per police, Shah, who fled from the scene, was under the influence of alcohol at the time.

Mihir Shah's father and former Shiv Sena leader Rajesh Shah had also been arrested in the case, but was later granted bail.