The Supreme Court upheld Wednesday a high court decision to detain a Nepalese man for appeals procedures in a murder and robbery case, despite the man being found not guilty of all the charges by a lower court.

The top court was divided on the case, however, with three of the five judges supporting the high court decision and the remaining two opposing it.

The defense team for 33-year-old Govinda Prasad Mainali, who had also overstayed his visa, filed the appeal last month with the Supreme Court. They argued that the Tokyo High Court's decision in May to allow the detention of Mainali to facilitate criminal court appeals hearings was unjust, claiming that such a decision should only be made after an appeals hearing details strong reasons to do so.