No bail for Mihir Shah, driver, who were aware of their ‘gruesome’ acts: HC

The Bombay high court denied bail to Worli hit-and-run accused Mihir Shah and driver Rajrishi Bidawat, citing their awareness of the case's severity.

MUMBAI: The Bombay high court has refused to extend the benefit of a law, namely the ‘non-furnishing of grounds of arrest in writing’ to Worli hit-and-run case accused Mihir Shah and his driver Rajrishi Bidawat, given that they were aware of the consequences of their “gruesome” acts.

No bail for Mihir Shah, driver, who were aware of their ‘gruesome’ acts: HC

In their detailed order, which became available on Wednesday, Justice Bharati Dangre and Justice Manjusha Deshpande said they were aware of the law laid down by the Supreme Court that furnishing the grounds of arrest in writing to an accused at the time of his arrest was mandatory, but they were making an exception in view of the specific facts of the case. Shah and Bidawat had sought bail on the ground that their arrests were illegal, as the grounds were not communicated in writing.

In the early hours of July 7, an inebriated Mihir Shah, son of a former Shinde Sena leader Rajesh Shah, hit a couple on a scooter at Worli Sea Face with his speeding BMW. While the man, Pradeep Nakhwa, landed on the BMW’s bonnet, his wife Kaveri got trapped between a front wheel and the bumper of the car. As Shah kept driving at breakneck speed, Nakhwa was thrown off the car. Kaveri was dragged for over two kilometres until the vehicle broke down.

“...Acting in utter derogation of respect to human life, the petitioners (Shah and Bidawat, who was sitting on the front passenger seat) mowed down the wife of the complainant and in utter disregard to any humanitarian conduct, the vehicle was ruthlessly driven with her body being entangled between the bonnet and the wheels,” (sic) said the bench.

The court said that Mihir Shah, who tried to flee the course of justice by absconding for two days, was aware of the charge he was bound to face. “…Since the grounds of arrest in a situation like this are well within the knowledge of the offenders, they shall not be permitted to take advantage on the account that the ‘grounds of arrest’ are not communicated in writing,” said the court while rejecting Shah’s and Bidawat’s petition on Monday.