Mumbai Hit-And-Run Case: How New Criminal Laws Of BNS Might Save Accused Mihir Shah From 10-Year Jail Term

The hit-and-run case in Worli has shocked everyone. The main accused in this case is still absconding, and the police are diligently searching for him. However, this case has thrown the Mumbai Police into complete disarray. Due to the new laws that came into effect on July 1st, the Mumbai Police have faced significant challenges while filing charges in this case.

In the Worli accident case, the police arrested the father of the accused, but the court granted him bail of Rs. 15,000. Meanwhile, co-accused Bidawat was sentenced to one day in prison.

How new laws might help accused Mihir

Since July 1st, a new law has come into effect. Under this law, the hit-and-run case in Mumbai is the first high-profile case to be registered. However, it has been observed that the police have faced significant challenges while filing charges under this new law. Accused Mihir Shah's father Rajesh Shah, a deputy leader of the Shinde faction, has been charged under sections 105 (culpable homicide) and 238 (destruction of evidence) of the Bharatiya Nyaya Sanhita (BNS). Yet, the reason for applying section 105 on Shah left the investigating officers and police officials speechless. Judge Bhosale admonished the police, advising them to do some 'homework' before applying sections and even provided them with a copy of the BNS.

According to the new laws in the Bharatiya Nyaya Sanhita regarding road safety, if an accident occurs due to a vehicle and the driver promptly informs the police or administration about the accident, severe action will not be taken against them. However, if the driver flees without informing anyone after the accident, they face a minimum imprisonment of 10 years. The new law, however, fails to specify the punishment for someone who drags a person on their car's bonnet for several kilometers while driving.

Also Read: Mumbai Hit-and-Run Case : Marathi Actor Jaywant Wadkar Seeks Justice for Niece, Demands Death Penalty for Accused

Sequence of events

In the remand copy of the Worli hit-and-run case, the police mentioned that Rajesh Shah had instructed Mihir to flee. Mihir's BMW hit Pradeep and Kaveri Nakhwa, who were riding a scooter, from behind, causing both to fall on the bonnet. Mihir slammed on the brakes, but Pradeep Nakhwa fell to the left side of the car. Kaveri's saree got entangled in the wheel, preventing her from getting out. Mihir Shah then dragged Kaveri Nakhwa for approximately one and a half kilometers in Worli. He eventually stopped the car on an empty road, pushed Kaveri off the bonnet, and handed the car over to the driver instead of helping her. The CCTV footage revealed that the two then sped off, running over Kaveri Nakhwa.

Mihir and the driver Rajarshi both went to the Bandra area. There, driver Bidawat called Rajesh Shah and narrated the incident. Shah instructed him to take responsibility for the accident and told Mihir to flee.

#WATCH | Worli (Mumbai) hit-and-run case | The Excise Department has sealed the Vice Global Tapas Bar in Juhu where Mihir Shah, the accused had visited. Action has been taken against this bar after a 2-day investigation which revealed flouting of rules of the Excise Department. pic.twitter.com/gfPsR5Obbu

— ANI (@ANI) July 9, 2024

After the accident, Mihir took a nap at a friend's house in the suburbs. When the girlfriend informed his family, his sister went to her house, and then his sister Pooja took him to their home in Borivali. From there, the family locked the house and fled.

After the crime, the car was parked in the Kalanagar area of Bandra. Driver Rajarshi Bidawat informed Rajesh Shah about the incident, who rushed to Kalanagar. By then, Mihir had already fled. Rajesh called a towing van and attempted to remove the party symbol and number plate from the car. However, before the towing van could arrive, the Worli police reached the scene and took Rajesh and the driver into custody.