The lawyer representing Xu Ting, who was recently given a life sentence for withdrawing a large sum of money from a malfunctioning ATM machine, has submitted a letter to the local intermediate court seeking release on bail pending trial.

The Guangdong High People's Court earlier this week overturned the life sentence and other charges handed down by the Guangzhou Intermediate People's Court because of "ambiguous and insufficient evidence", ordering the lower court to rehear the case.

"If the court approves the bail application, Xu will be allowed to visit his family before the Lunar New Year," Wu Yichun, the lawyer, said.

Xu, a 25-year-old native of Shanxi province, withdrew nearly 175,000 yuan ($24,000) from a malfunctioning ATM in Guangzhou in May 2005.

The local court had sentenced Xu, who is being held in Guangzhou's Tianhe district detention house, to life imprisonment and ordered him to turn over his personal assets on Nov 20.

Under the current criminal law, people who steal 100,000 yuan or more from a bank face life sentences or the death penalty.

"But Xu took the money because the machine was broken. This is not a case of theft, and the initial verdict was just too irrational," Wu said. (By Qiu Quanlin)