giraiya is alive
when pain used his justu to bring people back to life in the manga he never said who he brought to life i believe pain brought back everybody he killed to life including jiraiya
if jiraiya is reintroduced it would be hell to pay
anyone agrees with me check the manga
also in the episodes they changes the words around a little but its still the same kisame comparing jiraiya to the first hokages power is really great in the manga if giraiya was resurected by pain then he will definately not sacrifice himself again