A CBI officer said the court was likely to pass order on Shah's application on November 10.
CBI has filed a charge-sheet against Shah, former minister of state for home in Gujarat, and 37 others including several police officers for the two encounters which it says were fake.
According to CBI, gangster Sohrabuddin, who allegedly had links with Pakistan-based terror group Lashkar-e-Taiba, and his wife Kauser Bi were abducted by Gujarat's anti-terrorism squad on their way from Hyderabad to Sangli in Maharashtra and killed in a staged encounter near Gandhinagar in November, 2005.