JUDGMENT :

Dipak Misra, J.

The present appeal, by special leave, is directed against the judgment and order dated August 23, 2012 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Writ Petition No. 1620 of 2011 whereby the High Court entertaining the Writ Petition had opined that the order dated 26.07.2011 passed by the Government of Gujarat declining to grant the benefit of premature release to the first respondent herein is illegal and further directed the State Government to reconsider his case and take a fresh decision in the light of the discussions made in the impugned order and further to release him on parole for a period of three months on furnishing personal bond/security bond for a sum of Rs. 50,000/- to the satisfaction of the concerned Jail Superintendent.

2. The facts which are essential to be stated are that the first respondent along with 20 other accused was tried in TADA Cases Nos. 2, 7 of 1993 and 2 of 1994. The Designated Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad convicted the first respondent and some others for the offences punishable under Section 3(3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short, “the