Former Junior Minister Ivor Callely has been granted High Court bail while he challenges a refusal to grant him early release from prison.

The former politician of St Lawrence's Road, Clontarf in Dublin has been serving a five month prison sentence for making bogus mobile phone expenses claims.

Mr Callely (56) will walk free from Wheatfield Prison after three and a half months behind bars for claiming over €4,000 in bogus phone expenses from the Oireachtas.

The former senator has been granted bail by the President of the High Court, while he legally challenges the prison authorities and the Justice Minister Frances Fitzgerald's refusal to grant him early release.

He claims he is a model prisoner and is being unfairly punished for being a politician.

The court heard he has had no response to his request for enhanced remission and that Ms Fitzgerald refused Mr Callely temporary release partly because he abused public funds.

The former Fianna Fail politician has been given bail, with the warning that if he loses his case he will have to go back and serve out his time in prison.