The main accused in the BMW hit-and-run case, Mihir Shah moved the Bombay High Court, seeking immediate release, news agency PTI reported on Monday. He claimed that he was illegally detained.
Shah was arrested on July 9, two days after he allegedly rammed his BMW car into a two-wheeler in Mumbai's Worli area. A woman named Kaveri Nakhwa (45) was killed in the accident and her husband, Pradeep, was injured. The Worli police arrested the accused Mihir Shah from Virar Fata.
In his habeas corpus (produce the person) petition filed in high court last week, Shah said his detention was illegal and that he must be released immediately.
Shah also sought quashing of the orders passed by a local court, that remanded him in police custody and then in judicial custody.
Shah sought his release and said 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.
A division bench of Justices Bharati Dangre and Manjusha Deshpande is likely to take up the plea for hearing on Wednesday.
The 24-year-old was 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 kilometres.
Shah, who fled from the scene, was under the influence of alcohol at the time, as per police.
However, according to the forensic reports received by police, Mihir Shah's blood samples tested negative for alcohol. The report indicated that Mihir Shah was not under the influence of alcohol at the time of the incident.
The police stated that by the time of his arrest, about 58 hours after the incident, the alcohol had likely left his body.
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.
(With inputs from news agency ANI)
