The Delhi High Court on Saturday reserved its order on a plea by Delhi Police challenging the bail granted to Sanjeev Chawla, an alleged bookie and a key accused in one of cricket's biggest match-fixing scandals that involved former South African captain Hansie Cronje.
Justice Asha Menon, who conducted the hearing through video conferencing, heard the arguments of the counsel for Delhi Police and Chawla and reserved the order on the plea.
Senior advocate Vikas Pahwa, representing Chawla, said while reserving the order, the high court has asked the magistrate concerned to accept the bail bond and sureties furnished by the accused and direct his release subject to the outcome of the high court proceedings.
The counsel said the high court has asked Chawla to give an undertaking that he will abide by the outcome of its order and he along with the sureties is bound by the undertaking.
Chawla, who was extradited from London in February, was granted bail by a trial court here on April 30 on furnishing of a personal bond of Rs 2 lakh and two sureties of the like amount.
He had sought bail saying in view of the COVID-19 pandemic, there is a risk of getting infected with the virus in jail where it is difficult to maintain social distancing.
Challenging the trial court's bail order, the police sought its cancellation on the ground that Chawla is a British national and it took 20 years to bring him back to India and there is likelihood of the accused fleeing from justice.
The police, in the plea filed through prosecutor Kewal Singh Ahuja, said the guidelines with respect to COVID-19 and release of undertrial prisoners are not applicable to Chawla in light of his alleged role in the match-fixing as he has played as the main conduit in the match-fixing.
Pahwa opposed the police's plea saying Chawla never applied for bail in 60 days which showed he was cooperating with the prosecuting agency and the trial is pending for seven years and charges have not been framed and it will take considerable time to complete the trial.
He said the plea to cancel the bail was not maintainable and while the Supreme Court and high court are de-congesting jails to contain the spread of coronavirus, police is keeping the accused in prison.
The high court has asked both the sides to give their written submissions by May 4.
The trial court, while granting bail to Chawla, said the accused was in custody for the last 76 days and the probe was already complete in the case.
It, however, directed him to give his voice sample and handwriting specimen to the investigating officer in the case.
According to police, Chawla was allegedly involved in fixing of five matches.
Cronje, who died in a plane crash in 2002, was also involved, police had told the court.
Chawla was alleged to have played a central role in conspiring with Cronje to fix a South African tour to India in February-March, 2000.
The British court documents say that Chawla is a Delhi-born businessman who moved to the United Kingdom on a business visa in 1996 but continued to make trips to India.
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