The Tokyo District Court used a bail of $ 70 million ($ 635,000) for Kelly, who has been in custody since his arrest on November 19. A prosecutor's appeal was denied and Kelly was released in Japan on Tuesday night.
A member of Kelly's legal team in the United States said he has no executive statement.
Kelly and Ghosn were charged two weeks ago for allegedly collaborating to underestimate Ghosn's compensation in Nissan's investment filings by about five. According to the prosecutors, over a five-year period to the end of March 2015, billions of yen (45 million US dollars).
Kelly denies any wrongdoing. His wife said he was wrongfully charged when he was attacked by Nissan executives against Ghosn ̵
Ghosn also claims his innocence is according to his Tokyo-based lawyer.
Nissan's board last month sparked Ghosn as chairman and Kelly from his position as deputy director. [19659002Kelly'sWifeDonnaKellysayedWhyoneVideMyManStartyourDrugbyDisneyBecomeNissanBossSubjectedtobecomingfromhouseholdinanAboardinghouseofficeforTokio
When Kelly – who was usually attending board meetings by telephone from the US – arrived in Tokyo, he was arrested. His wife said the spinal problem, known as spinal stenosis, continued to worsen during his weeks in prison.
Ghosn's hope of being released soon was quickly driven out when the prosecutor arrested him for allegations of a breach of trust. On Sunday, a court approved the extension of his sentence until 1 January.
Kelly was not arrested again for alleged breach of trust.
The maximum penalty in Japan for filing a false financial statement – the indictment Kelly and Ghosn were charged with – up to 10 years in prison and a fine of up to 10 million yen (91,000 USD).