No bail for BMW hit-and-run case accused; court cites his 'merciless behaviour', money clout

Mumbai: A Mumbai court has refused bail to Mihir Shah, the main accused in a fatal BMW hit-and-run case and son of a former Shiv Sena politician, saying his "merciless behaviour" demonstrates he considered himself above law due to his "financial and muscular power".

If the accused, in jail for more than a year, is released on bail, it will send a wrong message to society, the court noted in its detailed order made available on Thursday.

Shah was arrested last year three days after he allegedly rammed his BMW car into a two-wheeler in Mumbai's Worli area, killing a 45-year-old woman, Kaveri Nakhwa, and leaving her husband Pradeep injured. The horrific accident took place on July 7, 2024.

The court rejected the bail plea of the 24-year-old son of a former Shiv Sena leader last week.

His family's driver, Rajrishi Bidawat, who was present in the luxury car at the time of the crash, is also an accused in the case. Both are currently in jail under judicial custody.

Additional Sessions Judge R S Aradhye had last week rejected the bail pleas of both Shah and his driver.

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

It is alleged that Shah then interchanged the driver's seat with Bidawat to escape blame for the fatal crash, which was captured on several CCTVs installed in nearby areas.

The main accused had sought bail on grounds that investigation in the case was over and police had filed a chargesheet about ten months ago so no fruitful purpose would be served by keeping him in jail.

He has already undergone a long period of incarceration (398 days) and trial in the case has not commenced yet, according to the bail plea.

It contended that 54 witnesses are to be examined and the trial will take a long time to conclude.

Opposing the bail plea, the prosecution told the court the accused persons are influential personalities and hence the possibility of them tampering with evidence and issuing threats to the witnesses was high.

The possibility of the accused absconding, if granted bail, cannot be ruled out, the prosecution argued.

While opposing the bail, police also cited the pendency of a writ petition filed before the Bombay High by the deceased woman's husband, seeking invocation of murder charge against the accused.

The court, after hearing both sides, observed that "overall facts and circumstances of the case clearly shows that how the accused behaved in a merciless manner meant to say that anything can be done on the basis of financial and muscular power and law is not above them".

The judge noted that the pendency of the writ petition "cannot be ignored because whatever the outcome will come it will certainly impact the case".

"Therefore, under such a situation if the accused are released on bail, a wrong message will go into society," the court stated.