ORDER :

1. We have heard the learned counsels for the parties.

2. Leave granted.

3. The accused appellant has been convicted under Section 29 read with Section 8(c) and 20(b) (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- (Rupees one lakh) by the learned trial Court. Aggrieved, the accused appellant has filed an appeal before the Bombay High Court i.e. Criminal Appeal No. 1327 of 2013.

4. The appeal before the High Court, though listed for hearing, has not been heard till date and as per statements made by the learned counsel for the appellant some time may be taken for hearing of the appeal unless the same is expedited. We see no reason to expedite the hearing of the pending appeal before the High court as there are several similar and older matters in the cause-list of the particular bench hearing the matter.

5. The accused appellant has been in custody since 23rd November, 2011 i.e. for over six years. The sentence imposed is one of ten years. Considering the totality of the facts of the case, we are of the view that the accused appellant should be released