Mihir Shah was under the influence of alcohol at the time, as per police.
Mihir Shah, the main accused in the BMW hit-and-run case, has moved Bombay High Court claiming he has been illegally detained and has sought immediate release.
Mihir 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.
In his habeas corpus (produce the person) petition filed in the High Court 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.
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.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)