Mumbai: The Bombay High Court on Monday refused to release Mihir Shah, the son of a former Shiv Sena (Eknath Shinde faction) leader, the main accused in the Worli hit and run case.
A bench of Justices Bharati Dangre and Manjusha Deshpande dismissed the petitions filed by Shah and his driver Rajrishi Bidawat seeking immediate release contending that the police did not inform them about the grounds of arrest while taking them in custody.
“Both the petitions are dismissed,” the bench said while dismissing the petition. The detailed order will be made available later.
Claim Made By The Duo
The duo had claimed that the police failed to comply with Section 50 of the Code of Criminal Procedure. Under the provision, the police have to communicate to the accused the full particulars of the offence for which s/he is being arrested or other grounds for such arrest.
During the hearing, judges had opined that informing an accused on the grounds of arrest in writing was an “empty formality” in cases where they are caught red-handed.
Observation Made By The Court
The court said while it was aware of the law and judgments passed by the Supreme Court on this issue, it wondered whether an accused can claim that his arrest is “vitiated” in such a hit-and-run case where they were apprehended red-handed and there were eyewitnesses. It added that the facts and circumstances of each case are different and hence need to be dealt with accordingly.
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About The Worli Hit-And-Run Case
On July 7, Shah rammed his BMW car into a two-wheeler in Worli, killing Kaveri Nakhwa (45) and leaving her husband Pradeep injured. Kaveri was dragged under the car for over 1.5 km before the car was stopped and her body removed from under the car. Shah, son of Eknath-Shinde-led Shiv Sena leader Rajesh Shah, was arrested two days later.
Shah fled from the scene and was allegedly under the influence of alcohol at the time, as per police.
Along with Shah, his father Rajesh Shah and his driver Rajrishi Bidawat have been arrested in the case. Mihir Shah and Bidawat are presently in judicial custody. Rajesh Shah was later released on bail.
