Actor Rajpal Yadav files appeal, HC suspends sentence

New Delhi: Bollywood actor Rajpal Yadav on Tuesday got temporary relief from the Delhi High Court which suspended his sentence following his appeal against its single judge's order sending him to 10 days in jail for misleading the court in a recovery suit filed against him and his wife by a businessman.

42-year-old Yadav had spent three days in jail from December 3 and on December 6, the single judge of the high court had suspended his sentence and granted him time till Tuesday to file his statutory appeal.

A bench of Justices B D Ahmed and Vibhu Bakhru issued notice to Delhi-based company Murli Projects and sought its reply by January 22, 2014 while hearing Yadav's appeal against the single judge's December 3 order.

It said, "In the meantime, the sentence will remain suspended till its further order." The court also relaxed a condition in which the single judge had directed Yadav not to leave Delhi or the country without its permission.

The bench accepted the submission of Yadav's counsel that the actor has surrendered his passport to the Registrar General (RG) of the Delhi High Court and the condition that he will not leave Delhi or India will not serve any purpose as he has to shoot for his projects.

"Appellant (Yadav) can complete his projects within India. However, he will not travel outside the country," the bench said. The court also recorded an undertaking from Yadav that within a week he would give a cheque of Rs 20 lakh to Murli Projects.

The single judge bench, which was hearing the recovery suit, had taken exception to the affidavit filed by Yadav on December 2, which was allegedly falsely prepared and contained forged signatures of his wife.

Annoyed by the affidvit, the court had ordered that Yadav be sent to jail for 10 days for contempt and also directed that his wife, who had appeared with her child before the court, be kept in the office of the Registrar General till rising of the court.

"10 days simple imprisonment for Yadav. As far as respondent number 3 (Yadav's wife) is concerned, the court is taking a lenient view as she has a child with her. She will be kept in the room of Registrar General till closing of the office (today)," the judge had said.

Yadav and his wife Radha have been engaged in a legal battle after Delhi-based businessman, M G Agarwal, owner of Murli Projects, filed a case against them in the high court for failing to repay a loan of Rs five crore which the actor had taken in 2010 to make his Hindi debut directional film 'Ata Pata Laapata'.

The court had earlier noted that the couple had repeatedly breached the undertakings given by them to repay the loan amount. As the couple failed to give a firm undertaking on whether they were prepared to pay the entire outstanding amount, the court had asked them to remain present in the court.

On the court's directions, Yadav had appeared but his wife had failed to turn up and filed an affidavit before the court with forged signature.