The Bombay High Court dismissed the habeas corpus petition filed by Mihir Shah, son of a Shiv Sena leader, in connection with the BMW hit-and-run case, emphasizing his lack of regard for human life.
Shah, accused of ramming his car into a two-wheeler in Mumbai’s Worli area on July 7, killed 45-year-old Kaveri Nakhwa and injured her husband, Pradeep.
The division bench of Justice Bharati Dangre and Justice Manjusha Deshpande observed that Shah fled the scene after the accident and evaded arrest for two days. Shah was apprehended on July 9, while his driver, Rajesh Bindawat, was also taken into custody.
The court noted that Shah sped off towards the Bandra-Worli Sea Link even as the victim clung to the bonnet before getting entangled in the car's wheels for over 1.5 kilometers. The incident occurred on Annie Besant Road after Shah’s night of partying in Juhu and a long drive along Marine Drive.
Balancing the rights of the accused and the victim, the court remarked that the constitutionally guaranteed rights to life and liberty under Article 21 equally apply to the victim. The bench underlined that victims of crimes often remain neglected in the criminal justice system, emphasizing that crimes are not created by victims and their rights deserve equal consideration.
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