Mihir Shah, the primary accused in the BMW hit-and-run case, has approached the Bombay High Court claiming that his detention is unlawful and seeking immediate release.
Shah was arrested 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 pillion rider Kaveri Nakhwa and injuries to her husband, Pradeep.
In his habeas corpus petition, filed in the Bombay HC last week, Shah argued that his detention is illegal and requested the court for his immediate release. The case is expected to be heard by a division bench of Justices Bharati Dangre and Manjusha Deshpande on Wednesday.
The 24-year-old Shah is accused of speeding off towards the Bandra-Worli Sea Link after the accident, while the woman was reportedly still on the car’s bonnet and eventually got caught in the vehicle’s wheels, being dragged for over 1.5 kilometers. Police claim Shah fled the scene and that he was under the influence of alcohol at the time of the crash.
In addition to Shah, his father, Rajesh Shah, a former Shiv Sena leader, 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.
Earlier, Worli legislator Aaditya Thackeray called for the case to be treated as murder. Currently, Shah faces charges under various sections of the Bharatiya Nyaya Sanhita (BNS), including section 105, which pertains to culpable homicide not amounting to murder.
Shah’s arrest, which occurred two days after the incident, has raised concerns, with locals suspecting a potential coverup due to his political connections. Police had previously stated that Rajesh Shah played a role in helping his son evade capture after the accident.
CCTV footage of the incident has been submitted to the court, showing Shah and Bidawat removing the woman from the car’s bonnet, placing her on the road, and swapping seats. The footage also reportedly captures Bidawat running over the victim while reversing the car before fleeing the scene.
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