A court in Egypt decided to release former President Hosni Mubarak on one charge, but the former ruler remains in jail on other counts, his lawyer said Tuesday,A misdemeanor court decided to end Mubarak's detention in the case of making illicit gains, said Attorney Farid El-Deeb. The prosecution will appeal in 48 hours or by Thursday, El-Deeb told CNN. The case involves how the family acquired several dwellings.The ousted autocratic leader is being retried in the killings of hundreds of civilian protesters who took to the streets for two weeks in early 2011 to demand his removal from office after three decades of rule.He is also charged with seizing public funds and misusing political influence. Mubarak is accused of selling natural gas to neighboring Israel for prices below fair market value.Mubarak, who stepped down on February 11, 2011, and his former interior minister, Habib al-Adly, were found guilty and sentenced to life in prison last year on charges that they were complicit in the protesters' killings.A public prosecutor sent Mubarak -- who spent months detained in a military hospital -- back to prison in April. Mubarak's health has been a bone of contention during his trial and incarceration. He suffered a heart attack after relinquishing power and had maintained that he was physically unfit to stand trial.Mubarak has been held since his guilty verdict last year.