Mumbai: The Bombay High Court refused to release Mihir Shah, son of a former Shinde Sena leader, in connection with a BMW hit-and-run case in Worli observing that Shah exhibited “utter disregard for human life” and was aware of the consequences of his actions. The court noted that it was established, based on CCTV footage and witness statements, that Shah was driving the vehicle when the accident occurred.

A bench of Justices Bharati Dangre and Manjusha Deshpande also emphasised that while it was aware of the right of an accused but at some point of time, the right of the victim must also be prioritized.

On November 25, the court dismissed petitions filed by Shah and his driver, Rajrishi Bidawat, alleging illegal detention and seeking immediate release. Their plea claimed that police had not informed them of the grounds of arrest, violating legal requirements.

Rejecting this argument, the bench in its detailed judgement made available on Wednesday, said that while the law mandates communication of arrest grounds, it made an exception in this case, given the gravity of the offense and the accused’s awareness of their actions.

The bench further said that focusing solely on the rights of the accused would undermine the victim’s rights. “While being focused upon the rights of the accused, we, in the present case, also cannot lose sight of the victim,” it said.

The judges described the accident as a “tormentous and unfortunate day” for Pradeep Nakhwa, the husband of the deceased victim, and highlighted the suffering endured by the family. “For too long, the victims of crimes have been the forgotten persons in the criminal justice system. Crime is not a problem of the victim, since the victim did not create it,” the court remarked.

The court stated that Shah, after consuming alcohol, drove the BMW rashly and negligently, hitting the victim’s moped. Instead of assisting the injured couple, Shah and Bidawat drove away with the victim’s body entangled in the car. The vehicle was only abandoned when it broke down.

The judges observed that Shah fled the scene and remained absconding for two days before his arrest. “Having no regard to human life, the petitioners are alleged to have fled away from the spot,” the court noted.

The court also referred to CCTV evidence showing Shah driving the car. Footage from the Worli Sea Link toll plaza captured a young man in the driver’s seat, with visible damage to the car’s front. Additional footage showed Shah switching seats with Bidawat at the Sea Link exit. Witness testimonies, including the complainant’s identification of the car, further corroborated Shah’s involvement.

The court dismissed the petitioners’ argument regarding non-communication of arrest grounds, stating, “We are of the clear opinion that 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.” It concluded that there was ample evidence against Shah and his driver from the day of the incident.

In prioritizing the victim’s rights, the court held that Shah and Bidawat’s actions demonstrated “utter derogation of respect to human life,” warranting strict legal consequences.

On July 7, Shah allegedly rammed his high-end car into a two-wheeler in Worli, dragging Kaveri Nakhwa, 45, for more than 1.5 km, which eventually led to her death. Her husband Pradeep was left injured. Shah was allegedly under the influence of alcohol when the incident took place, said the police, adding that he had fled the spot. He was caught two days later followed by the arrests of Rajesh and Bidawat. While Shah and Bidawat are currently in judicial custody, Rajesh was later released on bail.