A Bench headed by Justice Aftab Alam said that it would hear his plea along with the CBI's petition seeking cancellation of Shah's bail in the Sohrabuddin case.

Shah, who was directed by the apex court to leave the state during the pendency of the trial in Sohrabuddin fake encounter case, had yesterday approached the apex court saying living outside his home state for the last 16 months has caused "irreparable hardship" to him and his family members.

The apex court had on October 30, 2010, directed Shah to leave the state and ordered him to stay out till further order.

Pleading with the apex court to modify its order, Shah said, "He will suffer irreparable injury and hardship if an appropriate order to the effect of modification of order of October 30, 2010, is not made."

"The applicant has remained outside his own state for approximately 16 months resulting into a situation where one of the largest assembly constituencies in the country, which has reposed faith in the applicant since four consecutive terms, is deprived of its representatives," he said.

Shah, a close aide of Gujarat chief minister Narendra Modi, was arrested by CBI on July 25, 2010, and he had spent over three months in Sabarmati Jail in Ahmedabad. Shah had to quit the Modi government in July last year after being slapped with charges of murder and kidnapping in the fake encounter killing of alleged gangster Sohrabuddin Sheikh and his wife Kauser Bi in 2005.

He has been accused by CBI of being the "kingpin" of the conspiracy leading to the fake encounter killing of Sohrabuddin Sheikh in November 2005 and the killing of two key witnesses, Kausar Bi and his aide Tulsiram Prajapati.

The agency had earlier urged the apex court to transfer the trial of the fake encounter killing case outside Gujarat on the ground that witnesses are being intimidated and the trial cannot be held in a free and fair manner.

Sohrabuddin and his wife were allegedly abducted by the Gujarat's Anti-Terrorist Squad (ATS) from Hyderabad and killed in a fake encounter near Gandhinagar in November 2005.