The Bombay High Court on Wednesday sought the police's reply on the pleas filed by Mihir Shah, the main accused in the BMW hit-and-run case, and his driver Rajrishi Bidawat, seeking immediate release and claiming that their arrest was "illegal".
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 leaving her husband Pradeep injured.
His driver Bidawat, who was also present in the car at the time of the accident, was arrested on the day of the alleged accident.
Both are presently in judicial custody.
In their habeas corpus (produce the person) petitions filed in the high court last week, Shah and Bidawat claimed that their detention was illegal and that they must be released immediately.
Both the pleas came up for hearing before a division bench of Justices Bharati Dangre and Manjusha Deshpande on Wednesday.
The court directed the police to file its reply affidavit and posted the matter for hearing on August 29.
Shah in the plea sought quashing of the orders passed by a local court remanding him first to 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 (CrPC).
Under this section, the police while arresting a person has 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 as illegal.
Shah (24) is accused of speeding off towards Bandra Worli Sea Link after the accident even as the woman remained on the bonnet of the 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.
Shah, his father and former Eknath Shinde-led Shiv Sena leader Rajesh Shah, 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.
