BMW hit-and-run case: HC refuses to release accused Mihir Shah on ground of ‘illegal’ arrest

MUMBAI: The Bombay high court (HC) on Monday refused to release Mihir Shah, the main accused in the BMW hit-and-run case. 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 had been illegally arrested and sought immediate release.
He was arrested on July 9, two days after he rammed his BMW into a two-wheeler in Worli, killing 45-year-old woman Kaveri Nakhwa and leaving her husband Pradeep injured.
A division bench, comprising justice Bharati Dangre and justice Manjusha Deshpande, rejected the claims that their arrest was illegal as the police did furnish in writing the grounds of arrest to them while apprehending them, as mandated by the Supreme Court in a number of judgements.
Mihir and his driver had approached the court seeking release for violation of the mandate of section 50 of the Code of Criminal Procedure (CrPC), 1973. This provision requires the police to furnish grounds for arrest to the accused at the time of his arrest and thus safeguards individuals against arbitrary detention by ensuring that anyone arrested without a warrant is promptly informed of the reasons and grounds for their arrest and the specific charges levelled against them.
The accused contended that they were not served with written grounds for their arrest and questioned the legality of their arrest and detention on that count. The high court, however, accepted the argument advanced on behalf of the police that the two were fully aware of the charges leveled against them and there was no need to furnish them the grounds separately in writing.
Shah was taken into custody by the Worli police on July 9, two days after his BMW allegedly hit a two-wheeler at Worli Sea Face while under the influence of alcohol. The incident resulted in the tragic death of 45-year-old Kaveri Nakhwa, who was dragged for over two kilometers under the high-end car, and left her husband, Pradeep, seriously injured.
The police invoked multiple provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS), against Shah, including section 105 (culpable homicide not amounting to murder), 281 (rash or negligent driving endangering human life), 125(b) (jeopardising life or safety), 238 (causing disappearance of evidence), 324(4) (damaging property to cause wrongful loss), as well as relevant sections of the Motor Vehicles Act.
Shah, along with his father and former Shiv Sena (Eknath Shinde) leader Rajesh Shah, and their driver Rajrishi Bidawat, was arrested in connection with the case. While Rajesh Shah was granted bail, Mihir Shah and Bidawat remained in judicial custody.
They had sought release on bail, contending that their arrests were unlawful as the police had failed to provide a valid explanation or documentation of the charges, thereby infringing upon their fundamental right to personal liberty. They sought annulment of the remand orders and demanded immediate release.
Public prosecutor Hiten Venegaonkar countered the claim, asserting that the accused were well aware of the allegations against them. During the hearing, the bench deliberated on whether it was necessary to inform the accused of the reasons for their arrest, particularly when they were allegedly caught red-handed.
The court had earlier emphasised the importance of balancing the fundamental rights of the accused with those of the victims. The bench observed, “We must examine whether the gravity of the offense influences the obligation to inform the accused of the grounds of arrest.” The case, the court noted, could set a precedent in evaluating the duty to communicate arrest reasons in instances where clear evidence exists.