Supreme Court Denies Bail in Mumbai BMW Hit-and-Run Case: “Such Boys Need to Be Taught a Lesson”

Introduction

The Supreme Court of India has refused to grant bail to Mihir Shah, the prime accused in the July 2024 Mumbai BMW hit-and-run case, making strong observations on parental responsibility, privilege, and reckless conduct. The Court’s remarks—“such boys need to be taught a lesson”—underline a growing judicial intolerance towards grave road crimes involving wealthy and influential individuals.

Case Background: Mumbai BMW Hit-and-Run Incident (July 2024)

Incident Details

In July 2024, Mihir Shah, aged 24, was allegedly driving a BMW at high speed on Worli Sea Face Road, Mumbai, when his vehicle struck a couple riding a scooter.

  • Victims:

    • Pradeep Nakhwa (survived)

    • His wife (died on the spot)

  • Manner of Accident:

    • After the collision, Pradeep Nakhwa was flung off the bonnet.

    • His wife’s body was allegedly dragged for nearly two kilometres.

    • Despite hearing screams, the accused allegedly continued driving.

  • Post-Accident Conduct:

    • The accused went absconding after the incident.

    • Police later established that he was under the influence of alcohol.

    • He was arrested two days after the accident.

Attempt to Shift Blame and Police Findings

False Narrative and Shielding

Initially, an attempt was made to shift blame onto the family driver, who was present in the vehicle.

  • The complainant told police the driver appeared to be 20–25 years old, matching Mihir Shah’s age.

  • Investigations revealed:

    • Mihir Shah was driving.

    • His father, Rajesh Shah, and the driver allegedly assisted in shielding him and arranging his escape.

Both were arrested for abetment and obstruction of justice.

Profile of the Accused

Influence and Privilege

  • Mihir Shah belongs to a wealthy and politically connected family.

  • His father, Rajesh Shah, is a businessman and former leader of the Eknath Shinde–led Shiv Sena.

  • The Supreme Court explicitly took note of this background while assessing bail.

Bombay High Court’s Bail Rejection (November 21, 2024)

Grounds for Denial

The Bombay High Court rejected Mihir Shah’s bail plea citing:

  • Nature, gravity, and seriousness of the offence

  • Reckless conduct after the incident

  • Risk of influencing witnesses

  • Possibility of evidence tampering

  • Absconding behaviour

Limited Relief

While rejecting bail, the High Court permitted the accused to renew his bail application after recording of key prosecution witnesses, considering:

  • His young age

  • Period already spent in custody

Supreme Court Proceedings: Bail Plea Dismissed

Bench Composition

The bail plea was heard by a bench comprising:

  • Justice Dipankar Datta

  • Justice A.G. Masih

Supreme Court’s Observations

The Court made sharp oral remarks, including:

  • “Parents are responsible. We have not been able to train our wards.”

  • “Such boys need to be taught a lesson.”

  • “He comes home late at night, parks one car, takes another, crashes it, and absconds. In this case, let him be inside.”

The Court explicitly linked affluence, irresponsibility, and lack of accountability.

Submissions by the Accused

Defence Arguments

Senior Advocate Rebecca John, appearing for Mihir Shah, admitted that:

  • The facts of the case were “a bit unpalatable”.

  • The Bombay High Court had allowed the accused to seek bail after examination of key witnesses.

Withdrawal of Bail Plea

Upon the Supreme Court’s suggestion, the defence withdrew the bail plea, and the Court permitted withdrawal without granting relief.

Applicable Statutory Provisions

Bharatiya Nyaya Sanhita, 2023

  • Section 105 – Culpable Homicide Not Amounting to Murder

    • Punishment may extend to life imprisonment.

    • Applies where death is caused with knowledge but without intention to murder.

Other Relevant Provisions (Indicative)

  • Driving under the influence (Motor Vehicles Act, 1988)

  • Causing death by rash and negligent act

  • Criminal conspiracy and abetment (for those aiding escape)

  • Destruction or tampering of evidence

Constitutional Provisions Involved

Article 21 – Right to Life

The victim’s right to life under Article 21 of the Constitution of India stands directly violated. Courts have consistently held that reckless driving resulting in death is a constitutional wrong, not merely a statutory offence.

Article 14 – Equality Before Law

The Supreme Court’s refusal to grant bail reinforces the principle that wealth, political connections, or social standing cannot dilute criminal accountability.

Judicial Precedents on Bail and Road Deaths

State of U.P. v. Amarmani Tripathi (2005)

The Supreme Court laid down factors for bail consideration:

  • Nature and gravity of offence

  • Severity of punishment

  • Likelihood of tampering with evidence

  • Influence over witnesses

All these weighed against the accused in the present case.

Alister Anthony Pareira v. State of Maharashtra (2012)

The Court held that drunken driving causing death may attract culpable homicide provisions if there is knowledge of likely fatal consequences.

Sanjay Chandra v. CBI (2012)

While bail is the rule, the Court clarified that serious economic or grave offences impacting public confidence justify denial of bail.

Kalyan Chandra Sarkar v. Rajesh Ranjan (2004)

Repeated bail applications can be denied where no material change in circumstances is shown.

Legal Significance of the Supreme Court’s Order

Key Takeaways

  • Road fatalities caused by reckless, drunken driving are being treated as serious crimes, not accidents.

  • The judiciary is increasingly unwilling to show leniency where:

    • The accused absconds

    • Evidence is manipulated

    • Victims suffer brutal consequences

  • Parental and societal responsibility has entered judicial discourse.

Conclusion

The Supreme Court’s refusal to grant bail to Mihir Shah sends a strong deterrent message: privilege cannot shield criminal recklessness. By invoking accountability, constitutional values, and public safety, the Court has reinforced that justice must be equal, firm, and victim-centric. The case stands as a landmark reminder that roads are not playgrounds for entitlement, and lives lost to reckless driving demand strict legal consequences.

Location: Pune, Maharashtra, India

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