The Allahabad High Court has dismissed a public interest litigation (PIL) seeking recall of bail and suspension of sentence granted to a respondent in a pending criminal appeal, holding that the relief sought was legally untenable. The Court imposed costs of ₹50,000 on the petitioner and directed that the amount be recovered as arrears of land revenue if not deposited within the prescribed time.
Background of the Case
The PIL was filed by Lal Chand Yadav, who sought a writ directing the State authorities to recall two orders dated August 13, 2025 and August 27, 2025. The first order granted bail to the fifth respondent in Criminal Appeal No. 7280 of 2022, while the second suspended the respondent's sentence during the pendency of the appeal. Both orders had been passed by a Division Bench of the Allahabad High Court.
The petitioner also requested that the criminal appeal be transferred to the jurisdiction of an MP/MLA Court for disposal.
Court's Observations
A Division Bench of Justice J.J. Munir and Justice Arun Kumar found the prayers made in the PIL to be wholly unsustainable in law.
The Bench observed,
"The relief that is sought by the petitioner in this petition is, to say the least, outrageous."
It noted that while every matter brought before the Court deserves consideration, the relief sought could not be examined in the jurisdiction invoked by the petitioner.
Addressing the prayer to transfer the criminal appeal, the Court explained that MP/MLA Courts are specially designated Sessions Courts that conduct trials involving public representatives. A criminal appeal arising from a Sessions Court conviction lies before the High Court, and therefore there was no legal basis to send such an appeal to an MP/MLA Court.
The Bench also commented on the filing of the petition through legal counsel. It observed that although awareness of legal principles among the public may be limited, advocates are expected to present legally sustainable cases before the Court. Referring to the prayers made in the PIL, the judges remarked that they were so legally untenable that "the prayer should never have been put in pen and ink."
The Court further observed,
"Both the prayers that have been made before this Court are so shocking that we are of opinion that these do not deserve even the contempt of this Court."
Decision
Dismissing the PIL, the High Court directed the petitioner to deposit costs of ₹50,000 with the Registrar General within 15 days. It ordered that if the amount is not deposited within the stipulated period, it shall be recovered as arrears of land revenue. The Court also directed that the recovered amount be remitted to the High Court Legal Services Authority without delay.
Case Details
Case Title: Lal Chand Yadav v. State of U.P. and Others
Case Number: Criminal Writ-Public Interest Litigation No. 10 of 2026
Judge: Justice J.J. Munir and Justice Arun Kumar
Decision Date: June 25, 2026
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