ORDER
1. We agree with the District Magistrate that the conviction in this case is bad and must be set aside. A person against whom an order is passed under Section 5G5 of the Criminal Procedure Code, is merely hound to notify his residence or change of residence after release. As long as he retains his residence in the same place, his temporary absence from home for a day or two does not require notification. Whether he retains his residence must always be a question of fact but provided a man leaves his family and house-hold effects in the house in which he was residing, he would ordinarily be considered to retain his residence there.
2. In the present case, all that is proved is that accused was absent from what was treated by the Police as his notified residence for a single night. There is nothing to indicate that the residence itself was changed.
3. We set aside the conviction and sentence and direct that the fine, if paid, be refunded.