The Wednesday decision comes in a hearing on charges against Mubarak of accepting gifts from a state-owned newspaper, the last case that has kept the ailing leader in detention.
It raises the possibility that Mubarak will walk free, a move that is likely to fuel the unrest roiling the country after the autocratic leader's successor was removed in a military coup last month. The officials spoke anonymously because they are not authorized to speak to the media.
Mubarak, 85, has been held since April 2011. He's now on trial for the killing of protesters during the 2011 uprising against him and other charges.
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