Oscar Pistorius has been in jail for over 40 days now after being found guilty of culpable homicide, but a law expert is claiming the Olympian could potentially get out of jail if leave for appeal is granted.

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On Monday, Times LIVE, a South African publication reported that Pistorius could get bail and be released from jail if leave for appeal is granted.

Mannie Witz, an advocate of The Bridge law firm, said, "If leave for appeal is granted, he can apply for bail and possibly be released as his legal team prepares its case."

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Witz claimed Pistorius will probably be at the proceeding scheduled for tomorrow (Dec. 9) in the High Court in Pretoria.

The State has filed for a heavier conviction and sentence against him. Last year, Pistorius fatally shot his girlfriend Reeva Steenkamp on Valentine's Day through a locked bathroom door since he claimed he thought she was an intruder.

Court papers show that the State described his current five-year sentence as "shockingly light and inappropriate."

The five-year sentence apparently was a strategic move made by Judge Thokozile Masipa.

Wits School of Law Professor Stephen Tuson said, "The number 'five years' was not an ordinary number, it was carefully selected." Times LIVE reported that according to section 276 of the Criminal Procedure Act, one-sixth of a jail sentence can be converted to house arrest if the sentence is not more than five years, meaning Pistorius could spend only 10 months behind bars.

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