Justice V.R. Joshi also asked the registry to ask for a fresh paper-book from the sessions court, and if required, the assistance of the trial court judge should be taken to prepare the new paper-book for the high court.
The matter has been posted for further hearing on September 7.
The developments came a day after Bollywood megastar Salman Khan’s lawyer Amit Desai informed the court that certain documents were not included in the paper-book and hence he could not argue his appeal.
In his application filed before Justice Joshi, counsel Desai claimed that some documents relating to Salman Khan’s defence were not included in the paper-book — a compilation of evidence and documents prepared by the court registry and submitted to both the sides before the appeal is heard.
One such document, which he termed “very vital”, pertains to the defence stance that police witness Ravindra Patil was a “fabricated witness” who was not telling the truth.
Public prosecutors Purnima Kantharia and S.S. Shinde said that though the paper-book did not have this document, it was placed in the records and proceedings of the case, which could be referred to by the defence lawyer.
Desai argued that the paper-book should be prepared according to the prescribed manual of the Bombay High Court, which was refuted by the prosecution, following which Justice Joshi posted the matter for hearing on Wednesday.
On May 6 this year, Salman Khan was convicted and sentenced to five years imprisonment on various charges, including culpable homicide not amounting to murder, in the September 28, 2002 accident in Bandra which killed one and injured four pavement dwellers.
On May 8, the Bombay High Court stayed execution of the jail term, admitted Salman’s appeal challenging the lower court verdict and granted him bail.