Sanjay Kumar vs. State of H.P. Cr. Appeal (C-SB) No. 55 of 2026 03.06.2026: Present: Mr. R.S.Chandel, Advocate, for the appellant. Mr. Lokender Kutlehria, Additional Advocate General, for the respondent/State. Cr.M.P No. 960 of 2026 The applicant has filed the present application for suspension of sentence dated 7th March, 2026. It has been asserted that the applicant has filed an appeal before this Court against the judgment of learned Special Judge, Kullu, District Kullu, H.P. (learned Trial Court). The disposal of the appeal is likely to take some time. Hence, the application. The application is opposed by filing a reply, making a preliminary submission that the applicant has committed heinous offence and deserves no leniency. The applicant was found guilty by the learned Trial Court after the trial. The applicant has not made the case for the acquittal. The applicant has undergone a substantive sentence of one month and sixteen days as per the custody certificate. Therefore, it was prayed that the present application be dismissed. Heard. Perusal of the judgment of the learned Trial Court shows that the prosecution has relied upon the birth certificate of the victim issued by the Registrar, Birth and Death-cum-Chief Medical Officer, Kullu, District Kullu, H.P to prove her minority. Learned Trial Court noticed Section 94 of the Juvenile Justice Act, but failed to notice hierarchy contained therein. As per prosecution, the victim was school going child, therefore, certificate issued by the school is to be preferred to the birth certificate issued by a Corporation, Municipal authority or a Panchayat (please see Yuvaprakash v. State of T.N., (2024) 17 SCC 684), therefore, in these circumstances, operation and execution of the substantive sentence of imprisonment imposed by learned Trial Court on 07.03.2026 is ordered to be suspended till the disposal of the appeal, subject to his furnishing personal bond in the sum of ₹50,000/- with one surety in the like amount to the satisfaction of learned trial Court and to deposit of the fine amount, if not deposited earlier, with an undertaking to appear and serve sentence, in case of dismissal of the present appeal, within a period of one month from today. It has been stated in the reply that the applicant is lodged in Model Central Jail, Nahan, H.P. He be released forthwith, if not required in any other case. Copy of this order be sent to the learned Trial Court and Jail Superintendent, Model Central Jail, Nahan, District Sirmaur, H.P. for information and necessary compliance through FASTER. Learned Trial Court is directed to transmit the bail bonds, so furnished by the applicant before it, for placing the same on record. The application stands disposed of. (Rakesh Kainthla) Judge 03rd June, 2026 (ravinder) Digitally signed by RAVINDER KUMAR DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=35ecb6f93c6891a7dae90f163e34d7ecaa420b13af1363204ab0 e0f5c87077dc, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=f6cc63c55495d14ce1f8623eacdb6cb9ef2c5538035 37a2f53c4ee637cbebaff, CN=RAVINDER KUMAR Reason: I am the author of this document Location: Date: 2026-06-03 15:10:14 RAVINDER KUMAR