Bombay HC reserves orders on pleas by BMW hit-and-run accused seeking immediate release

Stating that the police failed to follow constitutional mandate, the petitioners sought quashing of remand orders and his immediate release. A bench of justices Bharati H Dangre and Manjusha A Deshpande indicated that it would decide as to whether the accused were required to be informed about the grounds of arrest even though they were caught ‘red handed’ and whether it would become an empty formality in such cases.

“It is true that grounds of arrest need to be communicated as per Supreme Court judgement, but if an accident takes place and if a person is caught red handed in the car, does he not know for what purpose he is arrested? How does he say arrest is vitiated as the grounds of arrest are not communicated. According to us, it is an empty formality. For example, if murder takes place and the accused is aware, but as per formality, he should be informed so that he is aware when taken in custody. In such cases, there is a chain of circumstances. Despite having knowledge, will formality be required to be completed?” Justice Dangre orally questioned.

However, public prosecutor Hiten Venegaonkar for Mumbai Police opposed the plea and submitted that both the accused were very much in the know of the offences and were made aware of the same.

Mihir Shah, 24, is the son of Rajesh Shah, a Shiv Sena leader close to Chief Minister Eknath Shinde. While Rajesh was granted bail, Mihir and their driver Rajrishi Bindawat are in judicial custody in the case.

In July, this year, Shah allegedly rammed his BMW car he was driving into a two-wheeler on which Pradip Nakhwa, 50, and his wife Kaveri Nakhwa, 45, were travelling. Kaveri was allegedly dragged for nearly 2 km after she got stuck between the car’s bumper and tire. She was later flung onto the road, leading to her death.