A bench of justices H L Dattu and S A Bobde said that it will hear her bail plea on February 17 and exempted her from surrendering till date as her bail expired on February 12.
Yesterday, the bench had said, "We are convinced she has suffered burn injury. She is in a pitiable condition and she needs some relief."
Kodnani filed the petition challenging the February 8 order of the Gujarat High Court declining to extend her three months temporary bail granted on medical grounds on November 12 last year.
The trial court had in August 2012 awarded life imprisonment to Kodnani, Bajrang Dal leader Babu Bajrangi and 29 others for Naroda Patiya incident of 2002 riots in which 97 people were killed.
The trial court had dubbed Kodnani, a sitting BJP MLA and former minister in Narendra Modi government, as "kingpin of riots" in Naroda area and sentenced her to 26 years imprisonment.