Mumbai: The Bombay High Court on Thursday concluded the hearing and reserved for orders, petitions filed by two men, Mihir Shah and driver Rajrishi Bindawat, both accused in a case where a 45-year-old woman died last month after being hit by a luxury car in Worli.
The duo are claiming that their arrest is illegal. The High Court said that it would pass orders on Nov 21. The prosecutor said the driver was picked up from near the spot. The HC said in such cases it would decide whether an accused is required to be informed about the ground of arrest when arrested from “site” and whether it would become an empty formality in such cases.
Shah’s advocate cited a recent HC judgment on the importance of grounds of arrest being shown to the accused while being arrested and the lack of information of the grounds rendering the arrest unlawful.
Police arrested Shah on July 9 in the case. His BMW allegedly rammed into a woman who was on a two-wheeler. She allegedly got dragged about a kilometre and a half in Worli and died. Her husband sustained injuries.
The Worli police invoked various sections of the Bharatiya Nyaya Sanhita, 2023, (BNS) including section 105 (culpable homicide not amounting to murder), 281 (rash or negligent driving so as to endanger human life), 125(b) (endangering life or personal safety of others), 238 (causing disappearance of evidence), 324(4) (destruction of property with the intent to cause wrongful loss to the public or any person) and booked them for other offences under the Motor Vehicles Act.
Shah, his father a former Shiv Sena member from the chief minister Eknath Shinde’s faction, and the driver were arrested. Shah’s father was granted bail while the son and the driver are in judicial custody.