The state's appeal on the Oscar Pistorius murder case sentence could potentially send the Paralympian out of jail, at least temporarily, after spending a month and a half in prison.

Advocate Mannie Witz of The Bridge law firm told Times Live that the state's plan to petition for leave to contest his sentence and conviction leaves a small window for Oscar Pistorius' team to file for bail.

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

State prosecutors earlier filed for documents requesting a much harsher sentence after the judge on the Oscar Pistorius murder case only handed him five years in prison for culpable homicide.

An earlier report from ABC News revealed that the National Prosecuting Authority has asked permission from Judge Thokozile Masipa to appeal her decision on Oscar Pistorius' sentence and verdict.

In a statement, NPA spokesperson Nathi Mncube said: "Today, we announce that the NPA filed the application for leave to appeal both the conviction and sentence. The appeal on conviction is based on the question of law."

While he didn't specify what kind of conviction and sentence they deem fair, prosecutor Gerrie Nel in his closing argument said that Oscar Pistorius should be jailed for at least 10 years for shooting to death his girlfriend Reeva Steenkamp. The Paralympian was convicted for culpable homicide and sentenced to five years in prison.

South Africa's justice system allows prosecutors to request an appeal from the judge if they feel that it would have another outcome if another judge had handled the case. In this case, the NPA believed that the judge might have been too lenient in Oscar Pistorius' murder case sentence owing to his physical disability and psychological condition.