Concord — The state Supreme Court has upheld a decision in March to incarcerate Owen Labrie for bail violations. But in a rare move, it has directed a lower court judge to now consider releasing the St. Paul’s School graduate, given that he’s served nearly two months of his one-year sentence.

In an order Thursday, three of the five justices said Merrimack County Superior Court Judge Larry Smukler used appropriate discretion when he revoked Labrie’s bail, following admissions that he repeatedly broke curfew. But because of delays from pending litigation, they noted, Labrie likely will serve all of his sentence before they can address his appeal on convictions of statutory rape, endangering the welfare of a child and computer acts prohibited.

“Under these unique circumstances,” they wrote, “the court hereby remands this matter to the trial court with instructions to consider whether, now that the court’s revocation order has been in effect for sufficient time to presumably impress upon the defendant the importance of strictly complying with all bail conditions, there is a condition or combination of conditions that will assure that the defendant will not flee or pose a danger to himself or any other person or the community, and with which he is likely to comply, such that release pending appeal might again be warranted.

“The trial court may exercise its discretion in deciding whether to hold a further hearing.”

Prosecutors asked to revoke bail in mid-March after it surfaced that Labrie had traveled to Boston several times from his home in Vermont, often leaving before dawn and returning late at night. He had been ordered to be home between 5 p.m. and 8 a.m.

During a March 18 hearing, Labrie’s lawyer claimed the trips were for meetings with attorneys and educators, that the curfew was especially strict, and that they hadn’t disclosed the trips out of concern for Labrie’s safety. Prosecutors countered that Labrie actually was visiting a girlfriend at Harvard, a claim that he himself had suggested in a conversation with a reporter.

Earlier this month, Labrie’s lawyer, Jaye Rancourt, argued that Smukler erred by not considering whether Labrie would comply with alternate release conditions. Prosecutors in March indicated they were open to electronic monitoring.

In their decision Thursday, justices Linda Dalianis, Carol Ann Conboy and Robert Lynn noted that the violations, “while serious, are not indicative of an inclination toward further criminal conduct.” Justices Jim Bassett and Gary Hicks were not included in the order.