A vacation bench of Justice V P Vaish issued notice to the probe agency on Sinh's application, which stated that no useful purpose would be served by taking him into custody.
The court asked the agency to filed its reply by June 5.
The court, however, asked CBI why they wanted Sinh's custody as he was already in jail in connection with the Saradha chit-fund scam at Kolkata. It said the agency could investigate the case without taking the custody of the accused.
CBI's counsel Rajdeepa Behura said his custody was required as the accused has to be confronted with the bank officials and the documents seized by the agency.
Sinh's counsel, however, opposed CBI's contention, saying that all evidence, which is in the form of documents, was in CBI custody.
Sinh is seeking bail in a loan default case in which CBI had chargesheeted him in February 2013 for allegedly not repaying Rs 67 crore loan taken from Canara Bank for floating a TV channel, M-3.
The bank ultimately released Rs 67 crore on his accounts. However, he did not repay the bank after which Canara Bank declared the loan as Non Performing Asset and wrote to CBI.
CBI had arrested Sinh in February in connection with the Saradha chit fund scam on charges of criminal conspiracy, cheating and misappropriation of funds. The arrest had come five months after a CBI raid in his house in Delhi.
