2024:BHC-AS:45224-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3529 OF 2024 Rajrishi Bindawat .. Petitioner Versus The State of Maharashtra and anr .. Respondents WITH CRIMINAL WRIT PETITION NO.3533 OF 2024 Mihir Rajesh Shah .. Petitioner Versus The State of Maharashtra and anr .. Respondents Mr.Niranjan Mundargi a/w Ujjawal Gandhi, Keral Mehta, Ashish Dubey, K.R. Shah, Ankita Bamboli, Parth Govilkar i/b Kinjal Desai for the petitioner in Writ Petition No.3529 of 2024.

Mr. Rishi Bhuta a/w Neha Patil, Bhumika Khandelwal, Saakshi Jha, Prateek Dutta, Risha Rathod, Omer Farooq Khwaja, Vaishnavi Jhaveri, Bhavi Kapoor for the petitioner in Writ Petition No.3533 of

2024.

Mr.H.S. Venegavkar, PP a/w Ms. M.M. Deshmukh, APP for the State in WP No.3529 of 2024.

Mr. H.S. Venegavkar, PP a/w Ms. S.S. Kaushik, APP for the State in WP No.3533 of 2024.

CORAM: BHARATI DANGRE &

MANJUSHA DESHPANDE, JJ.

DATED : 25th NOVEMBER, 2024 JUDGMENT:- (PER BHARATI DANGRE J)

1. 7^th July 2024 was the most tormentous and unfortunate day for Pradeep Liladhar Nakhwa.

At around 5:25 a.m., he accompanied with his wife Kaveri, aged 45 years was en-route towards Worli Koliwada, for sell of the produce, which he had purchased from Crawford market, since on account of the rainy season, fishing activity was prohibited. He being a fisherman by profession, earned his livelihood by selling the fish in the market.

The couple was travelling on their Suzuki Access scooter MH-01-DU 6418 and when they reached Ceejay House, near Landmark Jeep Showroom on Dr. Annie Besant Road, Worli, they were hit by a white colour car being driven in high speed and the impact of it was so powerful that both of them were lifted from the vehicle and hit the bonnet and he fell on the side way, but his wife Kaveri fell infront and was caught in the front wheel and bumper of the car. Despite this, the person driving the car continued to drive it with reckless speed dragging her from Ceejay House to Worli Sea link T Junction. The complainant noticed the person on the driving seat to be a young man between 22 to 25 years with long face having beard, whereas a middle aged person was occupying the seat next to the driver seat.

He garnered all his courage and stood up and took note that the fleeing car was a white colour BMW with numberplate MH- 48-AK 4554. Realizing that his wife was caught between the bumper and the left wheel of the vehicle, he chased the car, but being over weight, he could not match its speed. In the meantime, since he noticed a taxi on the road, he stopped the same and boarded the same in search of his wife and travelled a long distance, but could not trace her.

Pradeep, approached Worli Police Station and while he was in the process of lodging the complaint, information was received on wireless, that one unknown woman was found lying in an injured condition on the sea link and she was being taken to hospital.

He, along with the police personnel therefore, reached Nair Hospital, where he identified the women to be his wife, who was dead as she has sustained serious injuries.

2. The aforesaid reporting of the incident by Pradeep Nakhwa resulted into registration of C.R. No.378 of 2024 at 15:15 hours on 7/07/2024, and the occurrence of the offence in the FIR was mentioned to be between 5:25 a.m. to 5:35 a.m.

The aforesaid CR invoked Section 105, 281, 125 (b), 238, 324 (4) of the Bhartiya Nyaya Sanhita (BNS), 2023, along with Section 184, 134 (A), 134 (B) r/w 187 of Motor Vehicle Act, 1988.

3. Upon registration of the offence, the spot panchnama was drawn and the CCTV footages along the road were collected, which identified the car responsible for the accident to be of BMW company bearing No. MH 48 AK 4554.

From the CCTV footage, it was revealed that the offending car proceeded in direction of Bandra from Sea link and therefore, a squad comprising of Police Inspector Chavhan K, and A.S.I. Suttar accompanied with others proceeded in the directi