Mumbai BMW hit-and-run case: Accused Mihir Shah files habeas corpus plea in HC, seeks immediate release

Mihir Shah leaving the Sewri court in Mumbai on July 16. File Pic

Mihir Shah, the main accused in the BMW hit-and-run case, has moved Bombay High Court (HC) claiming that he has been illegally detained and has sought immediate release, news agency PTI reported.

Shah was arrested on July 9, two days after he allegedly rammed his BMW car into a two-wheeler in Mumbai's Worli area, killing 45-year-old pillion rider Kaveri Nakhwa and leaving her husband Pradeep injured.

In his habeas corpus (produce the person) petition filed in Bombay HC last week, Shah claimed that his detention was illegal and that he must be released immediately.

A division bench of Justices Bharati Dangre and Manjusha Deshpande is likely to take up the plea for hearing on Wednesday.

Shah, 24, is accused of speeding off towards Bandra-Worli Sea Link after the accident even as the woman remained on the bonnet of the car and then got entangled in its wheels for a distance of more than 1.5 kilometres.

The police said Shah fled from the scene after the accident. He is also accused of being under the influence of alcohol while driving the car.

The police arrested Shah, his father and former Shiv Sena leader Rajesh, as well as their driver Rajrishi Bidawat in the case.

While Rajesh was granted bail, Shah and Bidawat are presently in judicial custody.

Earlier, Worli legislator Aaditya Thackeray had demanded that the case be treated as murder, reported PTI.

Currently, Shah has been booked under various sections of the Bharatiya Nyaya Sanhita (BNS), including section 105 (culpable homicide not amounting to murder), according to the police.

He was arrested two days after the accident. The delay in his arrest led to several questions as locals feared police coverup in the case owing to Shah's political connections.

The police had earlier stated that Rajesh actively ensured Shah's escape after the car crash.

The police have submitted CCTV footage of the accident in the court.

Shah and Bidawat pulled the woman off the bonnet, placed her on the road, and swapped seats. The footage shows Shah and Bidawat pulling the woman off the bonnet and placing her on the road, before swapping seats. While reversing the car, Bidawat ran over the victim before fleeing, the news agency reported earlier.

(With PTI inputs)