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Bombay HC denies bail to Worlie BMW, accused of hit-and-run, Junks’ ‘illegal arrest’ claim

Bombay HC denies bail to Worlie BMW, accused of hit-and-run, Junks’ ‘illegal arrest’ claim

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Mihir 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 a 45-year-old woman.

The main accused, Mihir Shah, told police that he was behind the wheel when his BMW collided with the couple's scooter, killing a 45-year-old woman. (File image)

The main accused, Mihir Shah, told police that he was behind the wheel when his BMW collided with the couple’s scooter, killing a 45-year-old woman. (File image)

The Bombay High Court on Monday refused to release Mihir Shah, the main accused in the BMW hit-and-run case, citing “illegal” arrest.

Shah, the 24-year-old son of a former Shiv Sena leader, and his driver Rajrishi Bidawat filed petitions in the HC alleging that they were being illegally detained and demanded their 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 injuring her husband Pradeep.

Its driver Bidawat, who was also present in the car at the time of the accident, was arrested on the day of the incident.

According to their explanations, the police did not inform them about the reasons for the arrest, which they believed was a violation of the law.

On Monday, a division bench comprising Justices Bharati Dangre and Manjush Deshpande dismissed the petitions.

“Both applications were dismissed,” the court said.

The duo demanded their release, maintaining that further detention would be a complete violation of the constitutional mandate and non-compliance with Article. 50 of the Code of Criminal Procedure.

According to this article, the police who arrest a person are obliged to provide him with full details of the offense for which he is being arrested or other grounds for such arrest.

Both Shah and Bidawat are currently in judicial custody.

In habeas corpus (produce person) petitions filed in the HC in August, Shah and Bidawat said their detention was illegal and sought their immediate release.

As part of the plea, Shah sought quashing of orders passed by a local court ordering him to be placed first in police custody and then in judicial custody.

He also demanded that his arrest be declared illegal.

Shah is accused of speeding towards Bandra Worli Sea Link after the accident, even though the woman remained on the bonnet of the car and then became entangled in its wheels for a distance of over 1.5 km.

According to the police, Shah, who fled the scene, was under the influence of alcohol at the time.

Mihir Shah’s father and former Shiv Sena leader Rajesh Shah were also arrested in the case, but he was later released on bail.

(This story has not been edited by News18 staff and is published from a news agency feed – PTI)

India News Bombay HC denies bail to Worlie BMW, accused of hit-and-run, Junks’ ‘illegal arrest’ claim