Worli Hit-n-Run Case: Bombay High Court Dismisses Plea Seeking Declaration That Arrest Was Illegal

In a setback for the accused in the infamous Worli Hit-n-Run Case, the Bombay High Court today dismissed the petitions filed by prime accused Mihir Shah and his driver Rajrishi Bindawat, both challenging their arrests on the basis that they weren't served with the "grounds of arrest" in written format, as mandated by the Supreme Court.

A division bench of Justices Bharati Dangre and Manjusha Deshpande dismissed the pleas.

A detailed copy of the order is yet to be made available.

Shah, is the son of Maharashtra Chief Minister Eknath Shinde's close aide, Rajesh Shah. He was arrested on July 9, two days after he dragged a woman by his car while driving his BMW car, in an inebriated condition during the wee hours of July 7 in Mumbai's plush Worli area.

Previously, while the bench was hearing the arguments, it noted that in several cases, the accused get relief only on this technical ground and they are released from the custody of the police, which somehow hampers the probe. The judges had also expressed the need for 'balancing' the issue as not in every case, particularly in a serious offence, an accused can be released merely because the grounds of arrest were not communicated to him or her.

"We need to strike a balance....sometimes offence is very serious like in the instant case, the woman was dragged and then you (accused) filed away... What kind of citizen are you? You say your fundamental rights have been violated what about their (victim's) fundamental rights?" a visibly enraged Justice Dangre had observed.

During the hearing, Justice Dangre had also voiced concern over accused getting released on such technical grounds and thus had indicated that the instant case could be taken as a "test case" for the Supreme Court to finalise if accused, even in serious offences, could be released on such technical grounds.

"Let this be a test case...We will examine whether in such cases, the seriousness of the offence also needs to be considered or not. The fundamental rights of the victims too need to be taken into account," Justice Dangre had observed.

Case Details: Mihir Shah vs State of Maharashtra (Criminal Writ Petition 3533 of 2024)

Citation: 2024 LiveLaw (Bom) 611

Advocates Rishi Bhuta and Niranjan Mundargi appeared for the Accused.

Public Prosecutor Hiten Venegavkar represented the State.