Supreme Court Restores Bail to Accused in High-Profile Murder Case of SDPI Leader Shan, Citing Procedural Fairness and Liberty

In a significant order, the Supreme Court restored bail to an accused in the politically sensitive murder of SDPI leader Shan. The lower court had canceled the bail citing gravity of the offense and public order concerns. However, the Supreme Court observed that cancellation of bail requires clear proof of misuse of liberty, tampering with evidence, or commission of fresh offenses. The Court emphasized that once bail is granted, its cancellation cannot be based solely on the seriousness of charges, as liberty must not be curtailed without new or compelling reasons. It reiterated that fairness in criminal procedure requires balancing victims’ rights and societal interests with constitutional protections for the accused. Stressing that bail cancellation should remain an exception rather than the norm, the Court clarified that liberty cannot be compromised to satisfy public sentiment. The decision underscores judicial commitment to procedural fairness and serves as guidance on the standards required for bail cancellations in grave criminal cases.