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‘His conduct doesn’t inspire confidence that he is not likely to tamper with evidence’: HC rejects bail plea in Worli ‘hit-and-run’ case

Says his conduct does not inspire confidence that he won’t tamper with evidence or intimidate witnesses

bombay HC worli hit and run caseThe court noted that Shah was in a heavily inebriated state and in no condition to drive but had chosen to drive a high-end BMW car at a high speed. (File Photo)

OBSERVING THAT his conduct does not inspire confidence that he will not tamper with evidence or intimidate witnesses, the Bombay High Court on Friday rejected the bail plea of 24-year-old Mihir Shah, arrested in 2024 in the Worli ‘hit-and-run’ case, which had caused the death of one woman. The court said that Shah is at liberty to file a bail plea after testimonies of key eyewitnesses are recorded before the trial court. Charges are yet to be framed against Shah, his father Rajesh and his driver Rajrishi Bindawat.

The court noted that Shah was in a heavily inebriated state and in no condition to drive but had chosen to drive a high-end BMW car at a high speed, ‘remorselessly’ failed to stop the car when it hit a scooter, to assist the injured to take them to the hospital or seek help.

Justice Neela Gokhale said that Shah’s further actions indicate his intent to escape the consequences and avoid arrest, including exchanging seats with his driver present on the passenger seat, calling his father and leaving the spot, ‘indicate the predilection to tamper evidence and/or intimidate witnesses’.

“Although the investigation is complete and the chargesheet is filed, the conduct of Mihir does not inspire confidence in this court that he is not likely to tamper with the evidence or intimidate witnesses. Although Mihir is in custody for about one year and four months, the maximum punishment provided under Section 105 of BNS is between 10 years and life imprisonment. Hence, it cannot be said that Mihir has suffered long incarceration,” the court said.

The Mumbai Police have booked Shah under sections including 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita (BNS).

On July 7, 2024, Shah, driving a BMW car, allegedly rammed it into a two-wheeler on which Pradip Nakhawa, 50, and his wife Kaveri Nakhawa, 45, were travelling, around 5.25 am in Worli. 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. As per the police, Shah allegedly switched seats with his driver, Rajrishi Bindawat. When they reached Bandra, the car broke down and Shah called his father, Rajesh, who allegedly came and assisted his son to flee. Shah was arrested after two days.

Additional public prosecutor M M Deshmukh told court that Shah had escaped to ‘reduce the content’ of alcohol in his body, which amounted to tampering with evidence. She also said that Shah has political influence as his father ‘is an active worker in the ruling dispensation in the state’. Shah’s lawyers, senior advocate Ashok Mundargi and Jay K Bharadwaj, said that he changed seats as he panicked and was fearful of getting arrested. They said that Section 105 BNS cannot be invoked against Shah as he did not know the deceased, Kaveri, and had no intention or motive to cause her death.

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The HC said that this is not the stage to decide the applicability of the section and it can be decided at an appropriate stage by the trial court. The court also noted that there were prima facie eyewitnesses including a guard who had seen Pradip asking Shah to stop the car after his wife was stuck under it, and others who saw the car being driven at a high speed.

Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues. Expertise  Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports. Core Authority & Focus: Her work primarily centers on: Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system. Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on: Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates. Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children. Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions. Experience Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor. Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape. Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism. She tweets @sadafmodak ... Read More

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