Impermissibility of categorizing economic offenses as a homogeneous class denying bail
Economic offenses, regardless of the financial magnitude or alleged loss, cannot be categorized as a uniform, homogeneous class of crime to justify a blanket denial of bail. While gravity of the offense is a relevant factor during bail adjudication, it must be evaluated strictly based on the specific facts and circumstances of each individual case. Courts must assess gravity alongside the statutory maximum sentence prescribed, the role assigned to the accused, and the nature of available evidence. Treating all economic offenses as inherently unbailable undermines established principles of criminal jurisprudence and personal liberty. Prolonged incarceration cannot be justified solely on generalized assertions regarding the complexity or financial scale of an economic crime. Where primary evidence is documentary and already seized by investigating agencies, pre-trial detention cannot be maintained indefinitely. Therefore, applications for bail in economic offenses must be decided on individual legal merits rather than categorical exclusions. (Arvind Dham v. Directorate of Enforcement | 2026 INSC 12)