JUSSIE Smollett can be released from jail after an appeals court sided with his lawyers who said he should be free during an appeals process.

A judge ordered he may be released as his attorneys appeal his conviction for lying to Chicago police about a racist and homophobic attack in 2019.

The decision came after a Cook County judge sentenced Smollett last week to immediately begin serving 150 days in jail for his conviction on five felony counts of disorderly conduct, according to the Associated Press.

The order came as a surprise and is contingent on him signing a $150,000 personal recognizance bond.

In an outburst immediately after the sentence was handed down, the former Empire actor said “I am not suicidal. And if anything happens to me when I go in there, I did not do it to myself. And you must all know that.”

In a 2-1 decision, the appeals court said Smollett can be released after posted a posting a personal recognizance bond of $150,000, according to the Associated Press.

This means Smollett doesn’t have to put down money but agrees to come to court as required.

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