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Mihir Shah, the main accused in the BMW hit-and-run case, has moved the Bombay high court claiming he has been illegally detained and has sought immediate release.
Shah was arrested on July 9, two days after he allegedly rammed his BMW car into a two-wheeler in Mumbai's Worli area, killing Kaveri Nakhwa (45) and injuring her husband Pradeep.
In his habeas corpus (produce the person) petition filed in HC last week, Shah claimed his detention was illegal and that he must be released immediately.
A division bench of Justices Bharati Dangre and Manjusha Deshpande is likely to take up the plea for hearing on Wednesday.
In his plea, Shah sought quashing of the orders passed by a local court remanding him in first police custody and then judicial custody.
Shah sought his release claiming any further detention would be in utter violation of the Constitutional mandate and a failure to comply with Section 50 of the Code of Criminal Procedure.
Under this section, the police while arresting a person have to communicate to him or her full particulars of the offence for which he or she is being arrested or other grounds for such arrest.
Shah sought for his arrest to be declared illegal.
The 24-year-old is accused of speeding off towards Bandra Worli Sea Link after the accident even as the woman remained on the bonnet of his BMW car and then got entangled in its wheels for a distance of more than 1.5 km.
Shah, who fled from the scene, was under the influence of alcohol at the time, as per the police.
Rajesh Shah, the father of the accused and a former leader of the Ekanth Shinde-led Shiv Sena, as well as their driver Rajrishi Bidawat were arrested in the case.
While Rajesh Shah was granted bail, Mihir Shah and Bidawat are presently in judicial custody.