Impact of maximum statutory sentence on gravity assessment for bail

The gravity of an offense for the purpose of granting or denying bail must be calibrated against the maximum sentence of imprisonment prescribed by Parliament for the alleged crime. In prosecutions under statutes like the PMLA, where the maximum statutory sentence for standard offenses is seven years, prolonged pre-trial incarceration covering a significant fraction of that period severely skews the proportionality of detention. Detaining an undertrial accused for a lengthy period when the maximum statutory sentence is relatively modest weighs strongly in favor of judicial relief. Courts must maintain proportionality between the duration of pre-trial detention and the potential sentence upon conviction. Subjecting an accused to prolonged custody pending an uncertain trial when the maximum punishment is strictly limited violates basic tenets of criminal proportionality. Therefore, statutory sentence limits provide a crucial benchmark when evaluating bail applications. (Arvind Dham v. Directorate of Enforcement | 2026 INSC 12)