Mihir Shah, driver to face culpable homicide charges
Mumbai, June 12 -- A sessions court in Mumbai has paved the way for the commencement of the trial in the July 2024 Worli hit-and-run case, after framing charges against prime accused Mihir Shah and his driver, Rajrushi Bidawat, for culpable homicide not amounting to murder and other offences under the Bharatiya Nyaya Sanhita (BNS) and the Motor Vehicles Act.
Additional sessions judge Anil Salunkhe also framed a charge against Mihir's father, former Shiv Sena leader Rajesh Shah, under section 238 of the BNS for allegedly causing the disappearance of evidence by helping his son evade arrest and a medical examination after the crash.
The court held that there was sufficient material to proceed against the accused. It observed that the investigation papers on record disclosed a "grave suspicion" that Rajesh Shah, knowing or having reason to believe that his son and their driver had committed a serious offence, "acted with the intention to cause disappearance of evidence".
Mihir and Bidawat were charged under section 105 of the Bharatiya Nyaya Sanhita (culpable homicide not amounting to murder), besides other provisions relating to rash and negligent driving, and endangering human life under the Motor Vehicles Act. Both are currently in judicial custody, while Shah is out on bail.
According to the prosecution, Rajesh, after learning about the accident, deliberately assisted Mihir in evading arrest and a medical examination despite knowing that his son had allegedly been driving under the influence of alcohol. The defence, however, argued that Rajesh had cooperated with the investigation and had neither intended to destroy evidence nor played any role in the alleged offence.
In the early hours of July 7, 2024, a speeding BMW allegedly driven by Mihir rammed into a scooter carrying a 45-year-old woman, Kaveri Nakhwa, and her 50-year-old husband, Pradeep, on Dr Annie Besant Road in Worli. Kaveri, a fish vendor from Worli Koliwada, died in the accident, while Pradeep sustained injuries.
Investigators have alleged that Shah was intoxicated at the time of the accident and fled the scene after the collision. According to the prosecution, Kaveri was dragged for a considerable distance before the car came to a stop. Mihir and Bidawat then allegedly exchanged seats before attempting to flee.
The BMW later broke down near Kala Nagar in Bandra, after which Rajesh reached the spot and facilitated Mihir's escape, according to the prosecution. Mihir was arrested two days later following a police manhunt, while Bidawat and Rajesh had been apprehended earlier.
The framing of charges marks the completion of the pre-trial stage and clears the way for the prosecution to begin leading evidence against the accused....
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