The Argentina striker, captain when City won the competition in 2011, was arrested on suspicion of driving whilst disqualified on Thursday. Police sources confirmed the 29-year-old was arrested near his home in Alderley Edge, Cheshire, and has been bailed pending further inquiries.
He is available to take his place in the side as City look to book a return trip to Wembley at the expense of relegation-threatened Barnsley.
In keeping with previous rounds, manager Roberto Mancini is likely to field a strong side but he has said he will not risk the injured pair of striker Sergio Aguero and captain Vincent Kompany.
The match has taken on extra importance for City following Manchester United's midweek Champions League exit. Mancini had previously said he wanted United to progress to provide a distraction to their increasingly strong Barclays Premier League title march.
Now they are free to focus on domestic matters, and with a 12-point lead, they are even stronger favourites to win the league.
That leaves the FA Cup as City's only realistic hope of silverware and Mancini said: "We started this season wanting to win the Premier League again. We want to try until the last game.
"But if we take second position and win the FA Cup then I think it will be important for us because it's important to win one or two trophies every year."
Mancini acknowledges there may be a strong desire around the country for neighbours City and United, the Premier League's top two teams for the past two seasons, to face each other in the final at Wembley.
He said: "It's important that we go in the final and if we play against Man Utd, sure that will be a better game, but also (it would be a good game) against Everton, Wigan or Blackburn. For us it's important to go in the final."
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